Conventional Transfer of Contract in the Imāmiyaah Jurisprudence

The basic origin and accepted case of the transfer of contract in the Shiite jurisprudence are the contracts of bailment of a capital and lease of agriculture land. Some later Jurisprudents have also shown their interest to the transfer of the sale and lease contracts. In addition to the applications of conventional transfer of contract in Shiite Jurisprudence, this paper have considered the juridical foundations of the transfer of contract and its conditions and barriers and the result was that the transfer of the contract is not allocated to mentioned contracts and they should be regarded as general rules of contracts. Moreover, while jurisprudents have not followed a unique solution in regard to requisite of gaining the consent of the other part of the original contract, it seems preferable to gain the consent of the other part. The influences of the transfer of the contract have been considered and its result was the transfer of the right of the termination, the right of cancellation, and the right of detention and also the transfer of contractual obligations, whether in cash or on credit, was by the transferee of contract.