The Effects of Cession of Claim(s) in Imami Jurisprudence, Iranian Law and Principles of European Contract Law

cession of claim(s) is one of the important legal issues that, considering the extensive cross-border commercial relations in the present era. In this paper, an attempt has been made to explain the subject from the point of view of jurisprudence and law with a comparative approach to the principles of European contract law.

This paper is descriptive and analytical and library method is used. 

Ethical considerations: 

In this paper, the originality of the texts, honesty and trustworthiness are respected.

cession of claim(s) has not been explicitly mentioned in Imami jurisprudence. In the civil law of Iran, there are no specific articles for the cession of claim(s). In Imamiyyah jurisprudence and Iranian civil law, the cession of claim(s) has a nature similar to the hawala contract, despite some differences. Of course, the hawala (remittance) contract is considered to be the cession of claim(s) where the transferee is the debtor of the transferor. One of the most important effects of the cession of claim(s) is that in Iranian law and the principles of European contracts, the debtor has the right to use any defenses and objections he had against the original creditor against the transferee as a new creditor, and if the claim is accompanied by restrictions, it is transferred with the same condition and limitation.

In the cession of claim(s), the guarantee still remains after the transfer. In Iran's law system, prescribing the cession of claim(s) to a third party without the consent of the debtor and its transfer with all functions is subject to the acceptance of the cession of claim(s) on his behalf.