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 contrac More
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.
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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 impossibilit More
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.
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According to Article 466 of the Penal Code, a lease is a contract under which the lessee owns the benefits of the same lessee and also Article 474 of the Penal Code stipulates: the lessee can lease the same lessee, unless stipulated in the lease contract otherwise. Howe More
According to Article 466 of the Penal Code, a lease is a contract under which the lessee owns the benefits of the same lessee and also Article 474 of the Penal Code stipulates: the lessee can lease the same lessee, unless stipulated in the lease contract otherwise. However, Article 10 of the Law on Owners and Tenants states "The lessee may not transfer the lease interest in whole or in part to nontransferable property unless it has been authorized in writing. Although there has been extensive discussion in legal books of these cases, the surplus of rent has not been discussed for the same tenant (in whole or in part) in the second lease contract, or sometimes less discussed, therefore in this study, according to jurisprudential sources and Imami (Shiite) narration, has been considered the statements of the jurists of the past and the latter. The findings show that some of the Fatwas of contemporary referred separately to land and non- land Shiite jurisprudential authorities who are detailed on surplus rent.
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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 More
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
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Rent is a bilateral contract and as such the other contracts, the considerations on both parts must be determined at the time that the contract is concluded. According to the general principles of contracts, if a consideration is indeterminate, the contract will be void More
Rent is a bilateral contract and as such the other contracts, the considerations on both parts must be determined at the time that the contract is concluded. According to the general principles of contracts, if a consideration is indeterminate, the contract will be void. However, under article 3 of the landlord and tenant acts, 1977 and 1983, non-determination of leasehold in a verbal lease contract will not render the contract void and if there is difference between the parties, the court will determine the leasehold. This rule is an exception to the general principles and determination of leasehold by the court ignores the autonomy of the parties in tenant contract. In this article, the authors first examine the matter of non-determination of leasehold in the Jurisprudence and then they will describe the subject under Iranian laws.
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