The provisions of the transfer of debt in the Iraqi civil law

Authors

  • أ.م. د. علي ضياء عباس Iraqia University / College of Law and Political Science Author

DOI:

https://doi.org/10.61279/28xxrf14

Keywords:

Civil Law, Assignor and assignee, Liability of the assignee

Abstract

The debt and the claim may be transferred from the debtor to another person who takes the place of the debtor in fulfilling the debt against the creditor through the transfer of the debt. The obligation is transferred by means of a debt assignment between the original debtor and the new debtor after the creditor's approval and approval of that assignment. The creditor faces the new debtor in obtaining the debt when the deadline for its fulfillment comes. Assignment of debt is a contract between the assignor and the assignee to whom the obligation is transferred, according to which the debt and the claim for it are transferred from the responsibility of the first debtor to the responsibility of the second debtor after the approval of the creditor. If the original debtor transfers the debt of the creditor's opponent to the new debtor by an unrestricted transfer to fulfill the debt owed by the transferor (the original debtor) to transfer to the transferee (the new debtor), the transfer is absolute. But if the debt is transferred from the debtor of the transferor to the transferee subject to payment from the debt of the transferor with the transferee, or from the property that he has with him, then the transfer is restricted. And if the creditor rejects the transfer between the two contracting parties (the transferor and the transferee), it is not enforceable against the creditor, even if it remains valid between the contracting parties. Hence, the obligation of the original debtor remains burdened with the debt towards the creditor, and he must pay the debt. Therefore, the agreement between the assignor and the assignee on the transfer of the debt is considered as a contract that is dependent on the approval of the assignee. If the creditor agrees, the debt is transferred from the original debtor to the transferee in his capacity, guarantees, and defenses. The assignee then has the right to return to the assignee to claim the debt when the deadline for its fulfillment comes, and this leads to the assignor’s discharge from the debt, and the claim together

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Published

09-12-2023