Study of Institution of Transfer of Rights in Iran,English and International Instruments

Realization of institution of transfer of rights contrary to the institution of transfer of contract doesn’t require the consent of obligor, and the rights belonging to the persons, whether voluntarily or involuntarily, are transferrable to the others, unless contrary thereto is proved due to definite proof such as agreement on prohibition of transfer or its personal nature. In the studied international instruments (principles of international commercial contracts, Draft Common Frame of Reference (DCFR), only voluntary transfer of rights has been identified, and contrary to Iranian and British law, its involuntary transfer has not been analyzed and investigated. Moreover, considering the differentiation of total transfer of rights from its partial transfer, in the monetary rights contrary to the nonmonetary rights, its partial transfer is basis, and the individual without transferring his total rights, may transfer only a part of which to the others, whilst in nonmonetary rights, lack of partial transfer is applied as basis, unless the right is divisible and its transfer not results in unconventional increase of obligor’s obligation.