Transfer of contractual rights and obligations to view Imamieh of fegheh

Document Type : Original Article

Authors

1 ST PHD

2 AP

Abstract

The transfer of contractual rights and obligations is one of the issues that, despite its increasing use in judicial procedures, and especially in international contracts, still has some aspects of it, in particular the ability to transfer certain contracts and the legal form of contract transfer, with ambiguity and perspectives Traditional ones are still being repeated in this regard, while this legal entity needs to be dealt with in accordance with the requirements of the day, especially since the principles of international commercial agreements and the principles of European treaties have explicitly regulated this field; However, in this paper, with a new approach to the ambiguity, the analysis and strategy will be presented, so that according to traditional views, it is still believed that the criterion of the ability to transfer contractual rights and contractual obligations is the continuity of the contract (against being instantaneous). While considering the comparative analysis of international documents and the analysis of the legal nature of the law, we must say that the criterion of the existence or absence of rights and obligations is that, in this view, the dubious nature of the International Convention on the International Sale of Goods (in This field is silent (transfer of rights and obligations does not have to be declared declined; Moreover, from the past, the transfer of rights and contractual obligations has been made in the form of a peace treaty as a fixed contract

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