Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Transferring the right of action, to transferee

Document Type : research

Authors
1 PhD student, Department of Private Law, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Private Law, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran
3 Assistant Professor, Department of Private Law, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2024.451216.1752
Abstract
Background and Aim: The transfer of the right of claim to the transferee is one of the topics that has received less attention and investigation. The purpose of this article is to transfer the right of claim to transfer.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: The findings showed that Acceptance of the transfer position in the new regulations of the civil procedure is not foreseen, contrary to the previous law, and referring to the effects of the transfer of the claim in some laws has caused vague and contradictory interpretations. Damages are caused to the transferee if it is with her consent and she has the option of termination, in this case the transferee must be aware of the property damage, otherwise she can act according to the rule of pride.
Conclusion: It is a transaction and it is transferred to the transferee, but claims related to requirements outside the contract cannot be transferred to the transferee due to the personal nature of these claims. If the transferee is not aware of the proceedings and is not involved in the proceedings, she can appeal the decision as a third party after the final judgment is issued.
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