Goodwill, right of business and profession and its position in the topic of endowment
Subject Areas : Private law
Zahra Aleeshagh KHoeyni
1
,
Maryam Mehdipor KHeradmardi
2
,
Zahra Sadat Mirhashemi
3
1 - Profesor assistant of department of Islamic Law, faculty of theology, Alzahra University, Tehran, Iran
2 - PhD. student in the field of private law, Azad University, Tehran Branch, Center.
3 - Profesor assistant of department of Islamic Law, faculty of theology, Alzahra University, Tehran, Iran
Keywords: Conflict, Endowment, Tenant, right of goodwill, right of occupation or business,
Abstract :
The right of goodwill and the right of business and occupation are both of the accrued rights, and while they have similarities, they are different from each other. Goodwill is an amount that the owner takes from the tenant at the beginning of the lease, apart from the leased property, in order to rent and transfer the place to him, but the right to earn or trade or profession is a right that is created as a result of economic prosperity in the place and due to the activity of the tenant. comes. In some cases of endowment of commercial properties, there is a conflict between the two mentioned rights and endowment rights, which has many consequences in practice. If the commercial property is leased with the right of goodwill or the right of occupation is assigned to it, with the passage of time, there will be practically no benefits to spend for the purpose of endowment. On the other hand, the laws have recognized both the right of goodwill and the right of business and profession. Based on this, in case of stopping the lease or selling the endowment property or changing its use or any action that causes the loss of the provisions of the original contract, if the tenant has not violated the provisions of the law and the original contract, there is no right to ignore these acquired rights. However, if the tenant's violation is confirmed, or if the tenant has closed the leased property during the lease period, he will not have the right to trade, because basically, the tenant has no right to qualify for the privileges of commercial premises. Regarding the endowment rights, the laws and consensus of jurists show that there are two solutions in the above conditions: 1- Changing the use and revitalizing the endowment, 2- Ending the endowment.
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