STUDY OF INSTITUTION OF TRANSFER OF INCORPOREAL RIGHTS IN IRAN, ENGLISH AND INTERNATIONAL INSTRUMENTS

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Araghi Seyed Ezatollah; JALALI HOSSEIN; Pirhadi Mohammadreza

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Journal: PRIVATE LAW STUDIES Year:2019 | Volume:48 | Issue:4 Page(s): 683-701

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Information Journal Paper

Title

STUDY OF INSTITUTION OF TRANSFER OF INCORPOREAL RIGHTS IN IRAN, ENGLISH AND INTERNATIONAL INSTRUMENTS

Author(s)

Araghi Seyed Ezatollah | JALALI HOSSEIN | Pirhadi Mohammadreza | Issue Writer Certificate

Keywords

TransferorQ1

TransfereeQ1

Total assignmentQ1

Partial assignmentQ1

Abstract

Realization of institution of transfer of incorporeal rights contrary to the institution of transfer of contract doesn’ t require the consent of obligor. The rights belonging to the persons, whether voluntarily or involuntarily, are transferable to the others, unless contrary thereto is proved due to definite proof such as agreement on prohibition of transfer or its personal nature. In the studied international instruments (principles of international commercial contracts, Draft Common Frame of Reference (DCFR), only voluntary transfer of rights has been identified, and contrary to Iranian and British law, its involuntary transfer has not been analyzed and investigated. Moreover, given the differentiation of total transfer of rights from its partial transfer, in the monetary rights contrary to the nonmonetary rights, the partial transfer is basis and the person, without transferring his total rights, may transfer only a part of that to other parties. Whilst in nonmonetary rights, lack of partial transfer is applied as basis, unless the right is divisible and its transfer not results in unconventional increase of obligor’ s obligation.

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APA: Copy

Araghi, Seyed Ezatollah, JALALI, HOSSEIN, & Pirhadi, Mohammadreza. (2019). STUDY OF INSTITUTION OF TRANSFER OF INCORPOREAL RIGHTS IN IRAN, ENGLISH AND INTERNATIONAL INSTRUMENTS. PRIVATE LAW STUDIES, 48(4 ), 683-701. SID. https://sid.ir/paper/124712/en

Vancouver: Copy

Araghi Seyed Ezatollah, JALALI HOSSEIN, Pirhadi Mohammadreza. STUDY OF INSTITUTION OF TRANSFER OF INCORPOREAL RIGHTS IN IRAN, ENGLISH AND INTERNATIONAL INSTRUMENTS. PRIVATE LAW STUDIES[Internet]. 2019;48(4 ):683-701. Available from: https://sid.ir/paper/124712/en

IEEE: Copy

Seyed Ezatollah Araghi, HOSSEIN JALALI, and Mohammadreza Pirhadi, “STUDY OF INSTITUTION OF TRANSFER OF INCORPOREAL RIGHTS IN IRAN, ENGLISH AND INTERNATIONAL INSTRUMENTS,” PRIVATE LAW STUDIES, vol. 48, no. 4 , pp. 683–701, 2019, [Online]. Available: https://sid.ir/paper/124712/en

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