Volume 18, Issue 4 (2014)
CLR 2014, 18(4): 73-96 |
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Abasi Sarmadi * M, Ounagh2 S. Analyzing the Conflict of Law Rule and Making the Governing Law Conform to the Relationship between Transferee and Debtor in Iran’s Law and The Uniform Commercial Code of US in the Light of International Instruments. CLR 2014; 18 (4) :73-96
URL: http://clr.modares.ac.ir/article-20-10396-en.html
URL: http://clr.modares.ac.ir/article-20-10396-en.html
1- 1. Assistant Professor, Faculty of Law, Kharazmi University, Tehran, Iran
2- 2. Ph.D. student of Jurisprudence and Private Law, Faculty of Law, Kharazmi University,
2- 2. Ph.D. student of Jurisprudence and Private Law, Faculty of Law, Kharazmi University,
Abstract: (9627 Views)
The whole or part of contractual rights is transferred to the transferee through agreement between the transferee and the transferor in the course of transferring credit, and by that, the transferee is replaced with the transferor in terms of the right to claim his/her credit in the main contract. However, in some situations, the ability to invoke credit-transferring agreement is disrupted by the debtor, and he/she, through resorting to objections such as ignorance, correcting the main contract, contractual restrictions of transfer, etc. (as the case may be), causes exemption or the refusal right to pay his/her debt to the transferee. This issue is one of the circumstances in which a given right conflicts with the International Private Law problems, and therefore, is a place for the considering conflict of law rules. As a result, in this paper, we studied comparatively the rules governing the relationship between the transferee and the debtor in Iran’s law and The Uniform Commercial Code in the view of some International Instruments. It came to light that whereas in these two legal systems and International Instruments, the governing conflict of law rule and as a result, governing law is the same both on the main contract and the relationship between the transferee and the debtor, the obstacles to the invocability principle of credit-transferring are different with respect to this relationship in the mentioned legal systems and International Instruments as well.
* Corresponding author’s e-mail: Ma.sarmadi@yahoo.com
Keywords: Transferring/disposing credit, Main contract, Credit-transferring agreement, The ability to invoke, Governing law, Conflict of laws
Received: 2014/05/4 | Accepted: 2015/01/17 | Published: 2015/03/19
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