الدفع بشرط الإنصاف تجاه حوالة الحق في القانون الإنكليزي : دراسة مقارنة

Abstract EN

The assignment in English law is concerned with transferring contractual rights upon incorporeal property، or what is called "Choses in action"، particularly the right in the performance of the contract، from their owner.

that is to say the assignor to the assignee.

Who is a third party to the contract concluded between the assignor and the debtor.

It is also worth-bearing in mind that the assignment is classified under the English law into two main types: the voluntary and involuntary assignments.

But our study will be focused on the voluntary one.

Because the domain of using the involuntary assignment is restricted to the transfer of rights in both the situation of death and bankruptcy.

It is also worth-mentioning that many legal effects arise from the assignment of contractual rights in English law، the most considerable one of which is the resorting of the debtor to the claim " subject to equities".

Whereas the Iraqi Civil law No.

(40) of 1951 regulated the assignment of rights، considering it as a contract concluded between the assignor and the assignee، by which the assignor (creditor) transferes to another person (the assignee) As against the debtor.

Finally both the English and Iraqi laws eliminated many rights from the field of assignment of rights، considering them as non-assignable rights.