Assignment of Contract by Virtue of Transfer of Property: A Comparative Study
In Appreciation of Professor Dr. Almasi, Enteshar Corporation Publication, 2012, Pages 343-369.
Subrogation in contracts has been mentioned in Article 231 of Iranian Civil Code. Subrogation in this Article means substitution and not representation. In this case, the rights and obligations arising from contract are transferred to the successor. There are three kinds of subrogation which one of them is substitution as a result of transfer of property. In this case, the rights and obligations resulted from the former contract is transferred and runs with the property, and the latter becomes, in fact, the party to a contract. In Iranian law, the bases, conditions and effects of such subrogation have not really been taken into consideration. On the other hand, in some countries a comprehensive study has been done in this respect which their studying would be certainly useful. Our comparative study in this Article has resolved some ambiguities concerning subrogation in contracts.