Volume 14, Issue 4 (2011)
CLR 2011, 14(4): 143-167 |
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Kazemi M. The Effect of Dissolution of Contract on Assignment of Dept (Hawalah): An Analystic Study on the Art. 733 of Civil Code. CLR 2011; 14 (4) :143-167
URL: http://clr.modares.ac.ir/article-20-1053-en.html
URL: http://clr.modares.ac.ir/article-20-1053-en.html
Assistant professor, Faculty of Law, Tehran University, Tehran, Iran
Abstract: (11125 Views)
If the subject of assignment (Hawalah) is a contractual debt and the contract dissolves, what is the effect of dissolution on the assignment of debt (Hawalah)? Whether the assignment will dissolve subordinate or not?
There are different ideas in Fiqh. This matter has been asserted in the Art. 733 of civil code. But its concept (purport) is ambiguous and vague. So the interpretation on each of the principle theories (dissolution and validity), is possible. With regard to the foundations of this Article, we will conclude that the dissolution of the contract (i.e. sale) has no effect on the assignment (Hawalah), and it will remain valid .We also attempt to explain the abstruse and uncertain parts of the Art. 733 and specify the foundations of the accepted theory.
Keywords: Assignment, Assignor, Assignee, Customer assignment on the third, Dissolution of assignment, Settlement of debt, Cession of debt
Received: 2009/11/3 | Accepted: 2011/01/29 | Published: 2011/03/20
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