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.
Gholam nabi Fayzi chekab; ALI Darzi
Volume 2, Issue 6 , February 2015, , Pages 109-137
Abstract
In the business world, one of the most important issues is how to provide finance for business enterprises. Factoring as one of the common ways of financing through account receivable is used to finance small and medium enterprises. Financing through factoring occurs in the form of a contract between ...
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In the business world, one of the most important issues is how to provide finance for business enterprises. Factoring as one of the common ways of financing through account receivable is used to finance small and medium enterprises. Financing through factoring occurs in the form of a contract between the seller and the factor, and it is based on transfer of debt. By concluding the aforesaid contract, two groups of people are affected. The first group includes the seller and the factor, that is, as a result of the aforesaid contract, a direct contractual relationship is created between them. Their agreement is the primary element in determining their rights and obligations. The second group includes third parties who have no contractual relationship with the factor and the seller. This group consists of debtor who is directly involved in the execution of the contract and third parties other than the debtor like seller’s creditors and subsequent transferees of the same accounts receivable who not are involved directly.
