إشكاليات دخول غير المتعاقد في حوالة الدين

Abstract EN

Debt transfer is defined as a contract that transfers the debt and claims it from one person to another, and this means that there is a debt owed by one person to the other, and this debtor transfers his debt to another person, becoming indebted to the creditor instead of the original debtor, and this results in the transfer of the debt from the responsibility of the original debtor (Assignor) to the responsibility of the new debtor (assignee), and the former is discharged from the debt of the creditor (assignee), and the assignee becomes indebted to the assignee instead of the transferor and is directed to him to claim the debt by the assignee(1), without this leading to a change in the content of the obligation (2) Thus, a new debtor replaces the original debtor, but this substitution is only done with the approval of the creditor, as the creditor is not a party to the transfer contract concluded between the transferor and the transferee, so he is not a contract.

Although the creditor is not a party to the transfer of debt, as according to a relativistic rule, the creditor is considered a third party on the contract, he did not contribute to the conclusion of the transfer contract, but by his approval of the transfer of debt, he joins this contractual relationship, becoming a three-party relationship after it was bilateral, By his intervention in the transfer of debt, the creditor departs from the concept of others from the contract, and the debt is transferred to the new debtor and the original debtor is discharged, and due to the importance of the topic, we deal with the transfer of debt according to the relativistic rule of the effect of the contract in the first topic, and we address the implications of the creditor's approval of the debt transfer in the second topic.