Comparative Analysis of the Nature and Effects of Assignment of Contract in Iranian and French Law

Abstract

Assignment of contract, as one of the important institutions of contract law, has acquired different positions in various legal systems, particularly in French and Iranian law. In French law, especially after the 2016 reforms of the Civil Code, the general theory of assignment of contract has been expressly recognized, and specific rules have been provided for it. By contrast, in Iranian law, although institutions such as assignment of claim, novation, and subrogation exist, assignment of contract as an independent institution has not been expressly provided for in the Civil Code and is mostly examined within doctrinal analyses and judicial practice. The objective of this study is to comparatively analyze the nature and effects of assignment of contract in Iranian and French law. The present research was conducted using a descriptive–analytical method with a comparative approach and seeks to examine the theoretical foundations of assignment of contract, its legal nature, and the effects of assignment in relation to the parties and third parties. The findings indicate that French law, by accepting the theory of assignment of contract, has recognized it as an institution independent from assignment of claim and assignment of debt; whereas in Iranian law, the nature of assignment of contract is mainly explained on the basis of a combination of assignment of claim, assignment of debt, and tripartite agreement. Ultimately, the present study emphasizes the necessity of expressly recognizing this institution in the Iranian legal system in order to enhance the efficiency of contractual relations.