Comparative Analysis of Commercial Goodwill of the Landlord and Tenant Act 1376 with the Jurisprudence Theories

Although in the Iranian statuary law the “commercial goodwill” is recognized in the landlord and tenant Act 1339 as “The right to business and profession and or the trade” and protected more in the landlord and tenant Act 1356 as “The right to business or profession or trade’, Islamic law experts’ renounced legitimacy of aforementioned right for the reason of non-compliance of this right’s conditions with the rules of Islamic law, specially, the principle of prohibition to take possession of other’s property without the owner’s consent. Therefore, the Guardian Council announced it as lacking the religious title. However, in the landlord and tenant Act 1376, the title of “The right to business or profession or trade” changed to the title of “commercial goodwill” and its legitimacy has apparently received attention; although legal aspects of this right and its conditions and the legal management of the relationships of the landlord and the possessor of the right have not undergone any discussions.