The effects of the

Safaei, Seyyed Hosain; Javaherkalam, Mohammad Hadi

doi:10.30497/law.2021.240540.3005

The effects of the "dissolution" of the contract as an origin of debt upon assignment contract; Jurisprudential (Fiqh) and legal analysis of Article 733 of the Civil Code

Type : Research Article

Authors

Seyyed Hosain Safaei ¹

Mohammad Hadi Javaherkalam ²

¹ Professor, Faculty of Law and Political Science, University of Tehran, Tehran, Iran.

² Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Allameh Tabataba’i University, Tehran, Iran.

10.30497/law.2021.240540.3005

Abstract

In this article, the effects of the "dissolution" of the contract as the origin of debt upon assignment contract have been analyzed with the aim of removing ambiguity from Article 733 civil code, emphasizing on Islamic jurisprudence. The main question here is whether with the dissolution of the contract relating to the origin of debt, the assignment contract is also dissolved or the assignment contract remains valid and the resulting obligations must be fulfilled? If either of these two solutions is accepted, what will happened to the price that the customer has paid directly or indirectly (through the third party assignee); That is, does the buyer, with the dissolution of the contract, have to recourse to the seller or to the assignee for returning the price? Also, what will be the status of the third party assignee's debt to buyer, and also what will be the status of the price received by assignee? With the method of descriptive-analytical research and with extensive study in Islamic jurisprudence and analysis of Article 733 civil code, it was concluded that the dissolution of the contract as the origin of debt does not cause the dissolution of the assignment contract, but the assignee takes the price from the third party assignee and the third party assignee has no obligation with respect to the assignor; The customer also refers to the seller fir returning the price.

Keywords

Assignment contract

sale

contract as the origin of the debt

assignment by the customer

assignment by the seller

dissolution of the sale

termination of the assignment