Investigation of Lease Contract in Face to Common Excuse

Subject Areas : Private law

seyyed mohammad hassan momeni ¹ , abedin momeni ²

1 - دانشگاه تهران
2 - دانشگاه تهران

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Excuse, common excuse, defeasance of contract, termination of contract, vindication of benefits, bill of tenant, termination option,

Abstract :

In all contracts, the first principle is based on necessity, but use of this principle by common excuse can be abolished. The common excuse against the special excuse is a barrier out of parties will which generally prohibits the obligation of contract or in some cases like lease contract it can hamper the vindication of benefits. The prohibition of the vindication of benefits by common excuse depending on the time of appearance would had been effected because common excuse can be appear in various times, because the common excuse can be happened sometimes before bill of subject of hire and sometimes immediately after that and sometimes with an interval after bill maybe before any exploitation of benefits or during the exploitation or at the end of the that. This research has investigated these aspects especially related to lease contract