Document Type : Academicm and Research

Authors

• reza sokouti nasimi ¹
• Ali Gharibeh ²
• ali javid ³

¹ Professor, Department of Private Law, Faculty of Law and Social Science, University of Tabriz.

² Assistant Professor, Department of Private Law, Faculty of Law, Theology and Political Science, Islamic Azad University, Branch of Tabriz.

³ Ph. D. Student in Private Law, Faculty of Law, Theology and Political Science, Islamic Azad University, Branch of Tabriz.

Abstract

One of the developments that was made in the French Civil Code in 2016 as a result of obligation rights' reform was the prediction of independent models to cession commitments and expression of the criteria governing them including the explanation of the status of accessories and guarantees of the original obligation in case of cession to third parties. However, this subject has many ambiguities in Iranian law and there are no explicit and definite articles about it. The Iranian Civil Code with adaptation of former French Civil Code, mentions the methods of Cession of Commitment, but contrary to French law, do not specify their effects and rulings, including the status of Accessory Contracts. The descriptive-analytic study of the subject in the legal systems of France and Iran demonstrates that the new French law of obligations is very similar to the Iranian legal system in this regard and in both legal systems, by ceding the positive aspect of the obligation (cession of the claim), its accessory contracts are also ceded, but the cession of the negative aspect of the obligation (cession of the debt) causes the termination of its accessory obligations.
 

Keywords

• Primary Obligation
• Accessory Contract
• Accessories of Obligation
• Cession of Claim
• Cession of Debt