خلاصه ماشینی:
Keywords: Customary invoking, Liability, Respect, Positive rule, Imperative rule, Kinsman, The basis of civil responsibility Inspecting the Lien Credit Evaluating ofthe Efficiency of LienRegard to Its Executional Domain ( Mostafa Shahbazi (PhD student of Private Law at Razavi University) ( Abbas Ghasemi Hamed (Professor at Shahid Beheshti University) ( Moshsen Jahangiri (Associated professor at Razavi University) ( Reza Haghpanah (Assistant professor at Razavi University) I ran civil law has predicted some guarantees for preventing the contractual obligation breaching.
Presuming the side of offer who is assignor, the legislator that is also affected by this difference of the jurisprudents, in Article 725 says that the consent of the creditor and the acceptance of the assignee as the other party of the contract is effective in concluding of the assignment.
In the this descriptive-analytical article, while reviewing these views, we concluded, based on legal and juridical principles, that although the merger of companies has a contractual nature, but none of the specific contracts are applicable with it, and it is a private contract under article 10 of the Civil Code And since the extension of its effects to third parties is also by law, there is no conflicts with the privity of contract principle.