Funds for distinguishing transferable rights from non-transferable rights

Document Type : Original Article

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Abstract

In Iranian law, the principle is transferability of financial rights; In this way, every person who owns his financial rights can transfer his financial rights to someone else at his will. It seems that any type of rights that can be transferred to others can be transferred to others through coercion (such as inheritance). In legal terms, there is an equal relationship between the ability to transfer rights voluntarily and forcibly. In this regard, there is no difference between objective and religious rights, unless these rights are based on a person, in which case, transferability of these types of rights cannot be considered. According to these prerequisites regarding the transfer of the contract, it can also be said that the simultaneous transfer of contractual rights and obligations is a situation in which a person hands over his contractual position as a party to a third party and allows him to fulfill his obligations and benefit from his rights. He makes his successor. Regarding the criteria for transferability of rights and contractual obligations, there is a difference of opinion among legal writers, and in our opinion, the continuity of the contract (as opposed to being instantaneous) and the absence of rights and obligations not attributable to a person are the main criteria.

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Political Sociology of Iran
Volume 4, Issue 4 - Serial Number 16
February 2022
Pages 977-992

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