نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق خصوصی دانشگاه تهران
2 استاد دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
The contract of assignment is one of the covenant contracts that its effect is the transfer of the liability from assigner to the assignee. However, unlike the contract of guarantee, there is not much difference between jurisprudents about contract of Assignment that it is transfer of the liability, there are many differences in the components of this contract and how it is concluded. Some believe that it is composed of one offer and two acceptances. Another group thinks that concluding of assignment as an exempt is different from assignment as an indebted. The third group, without distinguishing the acceptance, believes that the consent of all three sides of the assignment is effective in concluding. Presuming the side of offer who is assignor, the legislator that is also affected by this difference of the jurisprudents, in Article 725 says that the consent of the creditor and the acceptance of the assignee as the other party of the contract is effective in concluding of the assignment. Based on the findings of this research, the assignor and creditor are the pillars of the contract and the assignment in its all forms is realized with the assignor’s offer and creditor’s acceptance. With the difference that in assigning to an exempt and an indebted in the case of assigning with other thing that the assignor deserve, the consent of the assignee is required. In the sense that he does not interfere with the realization of the assignment and its conclusion, but the influence and necessity of the contract are based on his consent, which can be expressed simultaneously with the contract, or before it, or after its concluding. In these two assumptions, the assignment is realized with the assignor’s offer creditor’s acceptance and becomes integral with the consent of assignee. Accordingly, the contract of assignment is not consists of an offer and two acceptances, or an offer and two consents, or three consents, but it is like the unauthorized contract that from concluding to its establishment is the result of one offer, one acceptance and one consent.
کلیدواژهها [English]
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