Ghanbari Mohammadjaber; Jalal SoltanAhmadi; Ebrahim Taghizaadeh
Abstract
The Transfer of debt in the Principles of European Contract Law is a tripartite agreement that may also be concluded between the original debtor and the new debtor. The existence of scattered provisions in Iranian law, especially assuming the formation between the transferor and the transferee, needs ...
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The Transfer of debt in the Principles of European Contract Law is a tripartite agreement that may also be concluded between the original debtor and the new debtor. The existence of scattered provisions in Iranian law, especially assuming the formation between the transferor and the transferee, needs to be investigated by the present study with aim to eliminate the shortcomings in the law and with descriptive-analytical method. The results show there is a relationship between the transferor and the transferee in three ways. First, the contract. The transfer of debt, even if it is made between the transferor and the transferee, will lead to the full substitution of new debtor, provided that there is the prior consent of the creditor. In addition, the contract concluded between the transferor and the transferee without the consent of the creditor will lead to the transfer of debt with incomplete substitution of new debtor, like a liability insurance. Second, the existence of debt. Third, the area of responsibility transferred to the transferee. principle is to transfer the debt to the transferee with the same characteristics as the original debtor. However, the liability of debt transferee may increase or decrease, such as a liability insurance.
Heshmatollah Shahbazi; Ebrahim Taghizaadeh; Morteza Shahbazinia
Abstract
The influence of human rights in private law or in other word constitutionalization of private law is relatively a new debate in legal reasoning that constitute the subject of this research. Applying human rights in private law depends on context, legislator and judge, and reasoning method. The reaction ...
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The influence of human rights in private law or in other word constitutionalization of private law is relatively a new debate in legal reasoning that constitute the subject of this research. Applying human rights in private law depends on context, legislator and judge, and reasoning method. The reaction of different legal systems in this matter is not the same. Direct application, indirect application, judicial application, and non-application is brief of these reactions. Legal system of Iran is capable for direct application of human rights in private law. Although the courts do not use this capacity. Due to distributive justice and for modification of freedom of contract principle, we can apply the human rights and fundamental rights capacity. The human dignity is the concept that enforceable in evaluation of contractual terms and unwaivable [S1] rights so that infringe of human right can be regarded as opposite of public policy. In this research the methods and contexts of constitutionalization of private law has been examined. [S1]این کلمه کلا در فرهنگ لغت وجود ندارد. اگر کلمه تخصصی است که حفظ شود و گرنه با معادلی بهتر جایگزین گردد.
