Document Type
Original Study
Abstract
It is known that there are different legal principles that must be respected by the parties to the contract, because they constitute a law of the contract, and are represented in the principle of binding force, and the principle of relative effect, as the contractual obligations arising correctly take the place of the law, where they must be respected by the parties to the contract, not Cancellation or modification except with the consent of the parties, and since the assignment of the contract makes the transferor outside the contractual stage where a third party replaces him in the contractual bond existing between him and the assignee, it raises a controversy as to the extent to which the assignment of the contract is compatible with the principle of binding force of the contract, and on the other hand, the question arises about the status of the transferor. As for the transferee, is he considered a party to the contract, and then it does not constitute a breach of the principle of relativity of the effect of the contract.
Recommended Citation
Enad, Zahraa Salman and AL-Saiedy, Jaliel Hasan
(2022)
"The positive compatibility between the assignment of the contract
and the law of the contract comparative study with the
French and English laws,"
Imam Ja'afar Al-Sadiq University Journal of Legal Studies: Vol. 2:
Iss.
2, Article 8.
Available at:
https://ijsu.researchcommons.org/ijsu/vol2/iss2/8