Limits of the effect of the liability condition on the tenant without fault

Subject Areas : Journal of Law and Politics

Hosen  valipoori ¹ (دانشجوی دکتری گروه حقوق خصوصی، واحد خرم آباد، دانشگاه آزاد اسلامی، خرم آباد، ایران[e-mail])
seyed ebrahim  mosavi ² (Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Khorramabad Branch)
hengameh  ghazanfari ³ (Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Khorramabad Branch)
jamshid  mirzaei ⁴ (Assistant Professor, Department of Private Law, Faculty of Law and Political Science, Khorramabad Branch)

Received: 2022-03-30 Accepted : 2022-06-11 Published : 2022-06-22

Keywords: Tenant, liability condition, Liability, Trust,

Abstract :

As a general rule, the tenant is not liable for any loss or defect in the lease unless there is a breach. Rented? Explaining the situation of such a condition, considering the importance and application of this contract in custom and trust, is considered a lease contract in social relations is very necessary and essential. Some have considered the mentioned condition invalid and invalid due to its opposition to the requirements of the nature of the lease contract, and some have considered it invalid but invalid due to their opposition to the Shari'a and legal norms. It seems that the main essence of the lease agreement is the possession of the leased interest, however, being a guarantor of the tenant is not against the requirements of the lease. However, since the lease agreement is considered as an explicit provision of Articles 493 and 614 of the Civil Code, its validity may be questioned due to the imbalance between the rights and obligations of the parties under the said condition.