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TY  - JOUR
TI  - The International Contract for Collecting Transferred Rights
PY  - %2022/%12/%21
Y2  - %2025/%12/%22
JF  - مجلة المنصور
JA  - مجلة المنصور
VL  - 15
IS  - 1
LA  - en
UR  - https://journal.muc.edu.iq/journal/article/view/321
SP  - 101-129
AB  - Transferred rights collecting contract is a contract concluded by the creditor when he transfers his right toanother person, and is known as the "factor", which conforms to guarantee the payment in case the debtor hasfailed to pay the debt to the creditor. The paper deals with examining the most importantproblem,which is the obsence of acertain legal system to such an issue since the Iraqi legislator did not deal withsuch system, aiming at solving this problem, as well as displaying a solution for the problem of the law supposedto be applied in relation to settling any conflict which might arise between its parties after getting to its legaladjustment. We followed the comparative and analytical style in writing this paper.We have concluded that this contract is considered one of the unnamed contracts in the Iraqi law, and it has a certainquality. It is a legal system combined of some legal rules derived from certain legal aspects like right transfer andfulfillment of subrogation. Some of our most important recommendations to the Iraqi legislator is finding a suitableway to activate the factoring system in Iraq, constructing specialized companies for this purpose, in addition toregulating it in a certain law which might achieve legal security to the national investor who needs to get rid of thefear element when concluding a contract with a foreign party.
ER  -