Pages: 82-91

Abstract

‎“Looking at the legal texts of the last centuries, the contracts have been common in the relationship between the people, but at first it was orally and over time writtenly, and sometimes the objects and asset were also transferred to another, but the transfer took place in various forms, either in general or by contract (sale contract) or by forced (inheritance) with broad interpretations. The deputy means subrogation and vice in the literal sense is used in legal texts in a variety of terms, all of which sometimes include a subrogation and sometimes, a third party becomes the subrogation to the creditor by paying the debt owed to the creditor, and the dupty owes the creditor access to the debt. In foreign law, this kind of subrogation is referred to in Article 1249 of the French Civil Code, and in some of the laws (Article 30 of the labour Law and Article 17 of the Insurance Law, as we know it, all personal financial rights and obligations are attached to his/her asset. When all asset or any part of ir is transferred to another person on the basis that the part is dispersed in the asset, all the rights and obligations of the asset owner are transferred to it. Thus, the transceiver is named as the public deputy because, in the total, of the financial rights and obligations of the owner of the asset be subrogation it. In the definition of the specific deputy, it is often referred to as the person who has the asset or the right (Katouzian, 1997, Vol. 3, No. 618-Nashouri, Al-Wasit, Vol. 1, No. 350). Do these people who are interpreted as deputy in law have a liability before their position? Or do they take liability when the assest is transferred to them, whether forced or optional? And so the questions in this paper have tried to answer as many questions as possible and to benefit others‎‎‎‎.