Volume 14 - Special Issue on Human Rights and Citizenship Rights
MLJ 2020, 14 - Special Issue on Human Rights and Citizenship Rights: 37-47 |
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Abedi M, Khazaei A R, Bahraminejad A. Investigating the Conditions of Transfer of Obligations in Iranian Law and Its Impact on Citizenship Rights. MLJ 2020; 14 :37-47
URL: http://ijmedicallaw.ir/article-1-1158-en.html
URL: http://ijmedicallaw.ir/article-1-1158-en.html
1- Jurisprudence and Basics of Islamic Law, Faculty of Law, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Jurisprudence and Basics of Islamic Law Department, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding author)
3- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran
2- Jurisprudence and Basics of Islamic Law Department, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran. (Corresponding author)
3- Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Literature and Humanities, Central Tehran Branch, Islamic Azad University, Tehran, Iran
Abstract:
Background and Aim: The transfer of contractual obligations is a necessity of today's society, However, the development of this institution in the law of other countries also confirms this. Each person has the right to decide on his / her property and its transfer and since the contract is part of the person's property, It must be possible for the contracting party to withdraw from the contract and transfer the resulting rights and obligations to another. Accordingly, the present study seeks to examine the transfer of commitment in the field of citizenship rights.
Materials and Methods: The method used in this research is descriptive-analytical in terms of subject approach, In other words, by collecting the materials and organizing them in an analytical manner, the main purpose of the research, namely the conditions for the transfer of commitment in Iranian domestic law and its impact on citizenship rights has been considered.
Findings: The conditions for the transfer of an obligation are not explicitly stated in Iranian domestic law. However, there are other institutions that apply in the field of civil rights in relation to contracts from this perspective, These include remittance, guarantee contract, employment contract and rent of persons, each of which has advantages and disadvantages. But the approach of renting persons with jurisprudential and legal support on the one hand and preventing the permanent domination of the mercenary over the pledged property on the other hand, is a suitable form of obligation to observe citizenship rights in the field of transactions and economic issues.
Conclusion: Terms of transfer of commitment in Iran are done according to rules such as remittance, guarantee contract, employment contract and rent of persons, due to the attention of the rental institution to financial and economic activities and services, as well as its proper efficiency in the field of ownership and transfer of commitment can be a useful approach in the field of citizens' obligations. In this way, by using the lease of individuals, both the benefits of the obligations and the domination of the hired person over the committed resources can be eliminated.
Please cite this article as: Abedi M, Khazaei AR. Investigating the Conditions of Transfer of Obligations in Iranian Law and Its Impact on Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 37-47.
Materials and Methods: The method used in this research is descriptive-analytical in terms of subject approach, In other words, by collecting the materials and organizing them in an analytical manner, the main purpose of the research, namely the conditions for the transfer of commitment in Iranian domestic law and its impact on citizenship rights has been considered.
Findings: The conditions for the transfer of an obligation are not explicitly stated in Iranian domestic law. However, there are other institutions that apply in the field of civil rights in relation to contracts from this perspective, These include remittance, guarantee contract, employment contract and rent of persons, each of which has advantages and disadvantages. But the approach of renting persons with jurisprudential and legal support on the one hand and preventing the permanent domination of the mercenary over the pledged property on the other hand, is a suitable form of obligation to observe citizenship rights in the field of transactions and economic issues.
Conclusion: Terms of transfer of commitment in Iran are done according to rules such as remittance, guarantee contract, employment contract and rent of persons, due to the attention of the rental institution to financial and economic activities and services, as well as its proper efficiency in the field of ownership and transfer of commitment can be a useful approach in the field of citizens' obligations. In this way, by using the lease of individuals, both the benefits of the obligations and the domination of the hired person over the committed resources can be eliminated.
Please cite this article as: Abedi M, Khazaei AR. Investigating the Conditions of Transfer of Obligations in Iranian Law and Its Impact on Citizenship Rights. Iran J Med Law, Special Issue on Human Rights and Citizenship Rights 2020; 37-47.
Type of Study: Original Article |
Received: 2019/11/13 | Accepted: 2020/02/19
Received: 2019/11/13 | Accepted: 2020/02/19
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