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Legal and Jurisprudential Analysis of the Clause Prohibiting Transfer in Contracts
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Farnaz Aalami1    , Moein Jalilifar2 , Golandam Rozoushan3 |
1- M.A Student, Department of Private Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran. (Corresponding Author)
2- M.A Student, Department of Private Law, Mashhad Branch, Islamic Azad University, Mashhad, Iran.
3- M.A Student, Department of Law, South Tehran Branch, Islamic Azad University, Tehran, Iran. |
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Abstract: (63 Views) |
Background and Aim: In the Iranian legal system, contracts are recognized as essential tools for regulating legal and economic relationships between individuals. Contractual clauses play a significant role in defining restrictions or granting specific privileges to the parties. Among these, the clause prohibiting transfer, which prevents the transferee from transferring the subject matter of the contract to a third party, holds particular importance. This study examines the legal and jurisprudential status of this clause in Iran.
Materials and Methods: The research method in this article was descriptive-analytical.
Ethical Considerations All ethical principles have been followed in writing this article.
Findings: The first section explores the theoretical and conceptual foundations of the clause prohibiting transfer and its position within the framework of contractual clauses. This includes the definition of the clause, its types, and the necessity of research in this area. The second section analyzes the legitimacy of this clause from the perspective of Islamic jurisprudence, evaluating various juristic opinions on its validity or invalidity. The third section investigates the status of the clause prohibiting transfer under Iranian law and assesses its impact on the rights and obligations of the parties. Judicial rulings are also examined to provide a practical understanding of the clause's dimensions.
Conclusion: By identifying jurisprudential and legal challenges, this study offers recommendations for legislative reforms and aims to deepen the understanding of this clause and its implications.
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Article number: 5 |
| Keywords: Clause Prohibiting Transfer, Iranian Legal System, Contractual Clauses, Islamic Jurisprudence. |
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Full-Text [PDF 495 kb]
(33 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2025/02/13 | Revised: 2025/03/15 | Accepted: 2025/03/18 | Published: 2025/03/21
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