The Possibility of Obliging the Tenant to Ruin the Monument after the Expiring Rent time

Subject Areas : All jurisprudential issues

Mohammad bagher Amerinia ¹ (گروه فقه و حقوق اسلامی، واحد یاسوج، دانشگاه آزاد اسلامی، یاسوج، ایران)

Received: 2015-04-04 Accepted : 2015-06-05 Published : 2015-07-23

Keywords: Rent, Tenant, Possibility of Obligation, Ruin of Monument,

Abstract :

Article 504 of civil law of renting for a definite time even in hypothetical construction of building or tenant that planted the trees and seem to happen in such a way that for a long time after expiry tenancy remain as penetrating. This article about legal impossibility of forcing to tenant and suppression in lordly within time for rent and the possibility of compensate materials for proprietor tenant inaction in the case of continuation. Also, to assume tenant remaining in lordly tenets without ambiguity or basis forms; but this article on the possibility to tenant obligation and suppression after the expiry for rent, unusual candor does not become famous as this is in the absence of possibility for forcing. Present article while explaining the problem and careful investigation of the bases both probable and possible proving the theory and assumed it based on agreed standards and legal jurisprudence consideration and tries to analyze and structure this article, the contents with possibility theory forced adjustment. Linguistic analysis of article 504, using properties issues, landlord rule, using criterion article 540 of civil law of including documents proved theory are mentioned. In this research, they are examined and the attention has been taken as leave rule and harmless rule and the category of the right roots as possible reasons for the lack of compulsion are examined and criticized.