نوع مقاله : مقاله پژوهشی
دکتری تخصصی حقوق خصوصی، دانشکده حقوق، دانشگاه شهید بهشتی تهران. (نویسنده مسئول)
عنوان مقاله [English]
One of the exchangeable securities at Iran's Fara bourse is Intellectual Property based securities. There are four different ways to exchange these Intellectual Property based securities which are all based on the familiar Contract that is called Assignment Contract. According to this kind of contract " Assignment", the assignee (who receives the Intellectual Property) will enjoy all rights and obligations of the assigner (who delivers Intellectual Property ) ; therefore the assignee may employ and enjoy all required facilities in this regard, which are provided for the owner of the intellectual Property. This Assignment Contract causes legal specialists and Practitioners and Feqhi Committee members of Stock Exchange Organization to compare this practice with Civil Law existing contracts like Selling Contract, Solh Contract, Exchanging Contract or Leasing Contract. Whereas this Contract can not be the same as any of the aforementioned contracts (Selling Contract, Solh Contract, Exchanging Contract and Leasing Contract) and has various differences which are it's own qualifications. So it seems that Assignment Contract is an especial and unique Contract with different specifications which make it a new Contract.