lease

In many hiring of persons contracts, the hireling delegates the performance of the obligation to a third party. For instance, a contractor who has undertaken a large-scale project may subcontract different sections to specialized subcontractors. Similarly, a surgeon might assemble a team to perform an operation under his/her supervision. The question that arises here is: In cases of delegated obligations, what responsibility does the first hireling bear if the third party causes damage? As a general rule, damage caused by a third party does not create liability for the hireling unless such liability has been explicitly or implicitly stipulated for the hireling. Unlike the laws of other countries, contractual liability arising from the act of a third party cannot be considered a principle in Iranian law. Similar approaches for the liability of the primary hireling in cases of damage caused by a third party can be considered through implied contract terms and governmental decrees.

In Islamic jurisprudence, there is no specific section dedicated to employment and service contracts. The certainty of consideration (price and subject matter), although considered one of the conditions for the validity of a contract, traditionally applies to tangible goods and is not used in the context of employment and services. Thus, this condition does not indicate the necessity of knowing the wage and the task (considerations in employment and service contracts), raising the question of how the condition of certainty of consideration can be proven in employment and service contracts. In this research, to address the aforementioned question, the concept of services and an overview of transactions involving service provision are initially discussed. Subsequently, by examining and analyzing the term 'subject matter', the rules related to lease, contract of reward (Ja'alah), agency, and contract of manufacture (Istisna'), the concept of the Hadith of "Nafi al-Gharar" (prohibition of uncertainty) and the rule of "La Zarar" (no harm), the necessity of the certainty of consideration in service contracts is established, except in Ja'alah where the task can be based on a type of uncertainty and a general determination of the task is sufficient. Finally, through jurisprudential rules and regulations, the necessity of drafting a document in time-bound service contracts to fulfill the condition of certainty of consideration in employment and service contracts is proven and selected.

The civil law refers to the existence of a lease contract. Studying among the sayings of jurists and jurists also indicates that the rental contract is a matter of chance. Nevertheless, it seems that there are examples of rent that were created in a way other than the form of a contract. In this article, two examples of non-contractual rent were examined; Morbid rent (the subject of Articles 501 and 515 of the Civil Code) and compulsory (legal) rent. The investigations conducted showed the result that Moradat rent is a rent that is created through Iqaa with the right to reject and accept. Compulsory rent is also an example where the will of the individuals is not involved in its creation and it is created by the decree of the legislator. Therefore, it is included under legal events.Such an understanding requires that the existence of a lease contract is not considered an integral part of its essence. Although there is an obvious view that considers renting unthinkable outside of the contract; However, it seems that the nature and essence of the lease is nothing but "acquiring a benefit against a certain exchange" and it is not an internal contract in its essence. Therefore, it can be considered that the forms that create legal natures are methodical rather than objective. In other words, formats such as contract, contract, contract with the right to reject and accept, etc., are tools to create legal nature, not the legal nature itself.

Handing over safe deposit boxes in the form of a lease contract is one of the types of banking services provided by banks to their customers. The discussion about the legal nature of this service is one of the challenging topics in banking law; However, until now, a comprehensive law that can explain its nature and elements has not been approved in this field. This has turned into a dispute between lawyers and experts in the banking system regarding the legal nature of the relationship between the bank and the customer. Because, on the one hand, the nature of this relationship is similar to the rules of the deposit contract and on the other hand, to the rules of the rental contract. The existing disagreements about the nature of trust fund rental contracts motivated the researcher to explain the existing rules in a descriptive way and using content analysis and finally come to the conclusion that the legal relationship between the bank and the customer regarding trust funds Trusts cannot be applied to deposit and rental contracts, and it is better to look at and interpret them as a special contract under the title of "protection contract" and within the framework of Article 10 of the Civil Law, with a special and independent nature with its own special conditions and provisions.

The statutes governing the relationship between the lessor and lessee concerning protecting the rights of lessees of commercial properties remain silent in their presupposition of dissipation and detriment. Whereas the legislature has failed to delineate the right to conduct business, trade, and goodwill in the event of loss suffered by a business entity due to accidents or waste caused by the fault of a landlord or third party, henceforth, concerning the aforementioned matter, the prosecutors are not confronted with the principle of the unity of judicial procedure. In order to fill the gap in the legislative-judicial system of Iran, establishing the institution of "real representation" makes it possible to protect property rights in the case of its loss through transferring the rights to the replaced property. The purpose of the ensuing article is to elucidate the legal stance of the real representative entity in safeguarding the rights of the lessee. This article employs a descriptive-analytical methodology that relies on the examination of documents and library data. According to the findings of this study, representation in Iranian law has been established based on personal representation. However instances of real representation can be found in certain jurisprudential and legal documents such as lease agreements, mortgages, endowments, insurances, and the like. The present article undertakes an analysis of the feasibility of achieving real representation in the lessor-lessee relationship. The two fundamental prerequisites for the real representative entity, which safeguards the rights of lessees in the event of commercial premises loss or destruction, as well as contract dissolution, are "the presence of a legitimate right that is subject to decay" and "the ability to transfer the right to the replaced property". These conditions apply to both contractual and legal (compulsory) forms. The aforementioned measure serves to impede the termination of the lease agreement and its resultant consequence, namely, the expulsion of the lessee from the commercial premises.

The law of the seas is of vital importance mainly due to the special privileges of the seas. Seas have been accorded great importance as routes of maritime transportation in all eras. Thanks to increasing technological advances and huge maritime natural resources, today marine resources have received more attention than ever before, and the need to exploit maritime benefits accounts for the present study. The natural resources of the North Sea of Iran (Caspian) that are shared with regional neighbors and the trawl fishery license granted to china in the southern waters of the country serve as the premises of the present study. Taking into account the official announcement made by authorities regarding their decision to transfer a maritime prowling license (or rent national maritime zones) to china which, according to the reports on the technologies which are to be used for this purpose, could lead to degradation and extinction of living resources, the present study seeks to find out whether the sea prowling licenses are transferable to a third party and whether or not the sovereignty actions within the framework of maritime laws and the act of transferring maritime prowling licenses (with consideration of the need to maintain territorial integrity) to foreigners is legally and jurisprudentially valid.

In lease contracts where the landlord grants the tenant the right to build construction or planting trees, article 504 of the Civil Code provides for the right to retain the accessions after the expiration of the lease, following one of the two main jurisprudential views. But it leaves unanswered the question of whether or not the tenant will have priority in re-leasing by owning the accessions. Jurisprudential and legal doctrines have also sufficed to examine the right of retention of accessions. However, the tenant’s priority in re-leasing the area can be considered as an implicit customary condition, as the judicial and administrative procedure has a serious tendency to recognize this right. Moreover, the priority in renting due to the ownership of the standing property also has a legal background.

Sunni scholars maintain two different perspectives on goodwill: A group has validated it based on the tradition and religious expediency; others have regarded it as illegal according to its lack of religious documentation and its negative consequences. In the present study, the perspective of the proponents of goodwill validation will be approved, based on which receiving goodwill price is free of religious objection. In addition, goodwill is regarded in accordance and consistent with the Landlord and Tenant Relations Law passed in 1997. Instances of acceptance of goodwill price can be in exchange for fame and privilege of a location, or benefit of permanent residence in aforementioned location, or in return for the owner’s waiver in his right to benefit from the ownership, even if the owner of the benefit is not the owner of the object of sale. The result of the induction in the opinions of the Sunni jurists, the Iranian civil law, and legal texts is that there are six types of goodwill in estates and premises. In addition, in all of these types, Sunni jurisprudence and Iranian Civil Law are in accord and consistent with one another, except for the sixth type (traditional goodwill) in some legal texts. This inconsistency, however, seems to be a verbal rather than a substantive difference.

Providing services based on information technology is one of the ways that startups use for various information technology systems to infer and earn more income. In the past few years, earning money in this way has been greatly promoted, so that there is not a day that users of communication technologies do not encounter advertisements of this category of services. This study aims to determine the nature of these types of transactions. The question here is whether this mechanism is considered as one of the conventional transactions, or is it a novel transaction that should be followed by its jurisprudence ruling in general terms and applications. This study is authored based on library sources and analytical-descriptive method and rational data. The finding of the study suggest that after examining the concept of services in information technology and explaining how to earn money through it, the basic characteristics of this mechanism are obtained. These characteristics can be seen in only four cases of transactions (lease, peace, Je'aleh, and istifa), each of which has its own requirements. The analysis of each of these transactions and the possibility of correcting the discussed issue with them clearly shows that the provision of services on the basis of information technology can be considered as mute lease.

Propagation is one of the things imaginable about property. In this case, instead of the ownership of the property in general, it belongs to one person, two or more persons own the property. In the case of distribution, the ownership of the partners is in all components, so that each part of the property that is considered is shared by all partners, and no partner can have any exclusive claim against the part of the property. The question is, does one of the partners have the right to rent the property to another? There are two general points in this regard and it is accepted in Iran's law following the famous jurisprudence of the Imams. There is also a controversy in Egyptian law, but in the end, the rights of this country, with a decree, have been passed to the acceptance of the theory of the rentier rentals Is. However, both in the doctrine and in the judicial system of the country, there are sometimes opposing views on the inaccuracy of mortgage lease. In the present article, the concept of hire-rent, the basics of admission, has been investigated.

Undoubtedly, one of the basic necessities of society is committing to obligations and fulfilling them completely. For this reason, the first principle in contracts is the principle of necessity. However, it sometimes happens that the fulfillment of the obligations arising from the contract becomes impossible due to the events that are beyond the obligator’ control. One example of the impossibility or difficulty of performance is the spread of contagious diseases, a special type of which known as Coronavirus is prevalent across the world. This raises the question as whether this disease can be considered as an excuse for the frustration of the contract (excuse) or the difficulty of its fulfillment (difficulty). If it is the case, what will happen to the contract and what will be the contractors’ duties? In response, it should be said that due to the similarity of the components, this disease can be a true example of the difficulty of contract fulfillment, and regarding its role and impact on the scope of contracts, no general rule can be provided for all cases. Therefore, the study of the impact of the Coronavirus on the contract depends entirely upon the type of contract and the conditions governing it. One of the most important contracts affected by this disease was the lease contracts, especially the lease of commercial places in which with the government's order to temporarily close these places, the status of the existing contracts turned into a serious legal issue. In addition, different issues such as dissolution, modification, and suspension of contract were proposed as the possible solutions for the existing situation.

Due to their specific characteristics, lease agreements for commercial and non-commercial premises have been considered by the legislature, and accordingly, several laws have been enacted after the Civil Code. However, in none of these laws has the legislature explicitly mentioned their loss or destruction. Unlike movable property, which is completely destroyed by its destruction and as a result, its benefits are lost. In rental places, first, only the land is lost and the area remains the same. Unlike movable property, which is completely destroyed by its destruction and as a result, its benefits are lost. In rental places, first, only the land is lost and the superstructure remains the same. Thus, the provisions of the Civil Code regarding the destruction of the leasehold cannot be a suitable answer for commercial premises.

Scientific progresses and creation of various offices and businesses with new methods of money making on one hand and lack of affordance to buy required building of the business on the other hand, resulted in the prevalence of lease more than a year between people and communities. Among Shia Jurists, Allamah Helli investigated lease more than a year for the first time and referred to some examples. In Sunni sects, Hanafiyah mentioned lease more than a year for the first time. Shafi‘i, Malik and Ahmad bin Hanbal mentioned that such a lease may be considered possible. In present study, performed analytically and descriptively, the accurateness of lease more than a year is concluded by some reasons while referring to rental agreements. Long time ago, medium-term annual lease or short-term lease for a couple of months was frequent due to the simplicity of the people. However, lease up to thirty years was common in Bokhara, although some Sunni scholars like Shafi‘i, restricted long-term lease to thirty years and did not allow longer lease terms. Such idea was justified as thirty-year term is an exaggeration and it meant renting the building not the land and the building will not survive for longer term. Accordingly, lease duration depends on the survival of the building and making a restriction like thirty years for that does not make sense. Different Islamic jurisprudential schools stated the possibility to divide the rental price and use multiple contracts to prevent loss of both sides as of some problems like inflation.

Present study, which is conducted in descriptive-analytic way, attempts to investigate necessity and permit lease contract when one sides of the contract passed away. Although most of Islamic jurisprudences have rendered in lease contract as a requirement, there are disagreements for cancellation or non-cancellation of the contract in case of death for the lessor or landlord. Cancellation means complete termination of the contract. Such discrepancies are caused by a number of reasons: first, lease contract is similar to some other permissible contracts like Aariyah and Ja’alah and also similar to other necessary contracts like Bai’a and Mosaghat. Some Sunni jurists consider in lease like Mosaghat and according to what Prophet Muhammad (PBUH) did to Kheibar residents and no renewal of this contract by Abu-Bakr and Omar, they believe that if one side passes away, lease contract is not terminated. Secondly, all Islamic jurisprudential religions think that lease cancellation is possible due to some reasons, but death of one side does not cancel this contract. Besides, different interpretations of Imami hadiths resulted in different conclusions in cancellation or non-cancellation of the contract due to the death of one of two sides of contract. The correct interpretation is that this contract is still valid even if one of the parties of the lease deceases. But in some cases like endowment of the lease term, this contract is not valid anymore..

The goodwill and the right business or profession or trade, of legal common topic of rights is the history of the last few decades simply ends and the jurisprudence of emerging issues and considered. That the unity or duality of both doctrine and jurisprudence in there and it seems that this is due to the lack of explanation of the legal nature of this right. Although jurisprudence and legal resources, more or less about these two theories have been proposed, according to evolution rules and evolving attitudes Landlord and Tenant legislation In this case and different views on this issue remains to be seen is the car space also, because the issue of goodwill and businesses to trade and its consequences have been less studied and economic and social matters and the matters relating to the jurisdiction of the courts of the current public and opinions of the courts and procedures in case of very different and in this regard has caused so many problems in the study were motivated selection And tried to investigate the problems in different ways and different opinions arrest and detention and auction sales of goodwill and the businesses investigated. In this paper, analytical approach to explore the topic of the rights established in the law and jurisprudence discussed and the similarities and differences of these two words, we try to explain the legal nature of these two rights. It also examines its wealth and its position in the division of movable and immovable property described above. Third ˝brrsy legal theories and practices are discussed and analyzed. Also, due process and the principles of seizure and sale of both the right to consider the bid. The method used to collect data in this thesis is a descriptive analysis and library computers have been used in the articles. In addition, we have tried to study jurisprudence and legal texts, as well as civil law and civil law enforcement experience jurisdictional colleagues also used After researching and exploring and extracting results showed both the right to classify rights (rights), are entitled to financial and economic and ratable value for money and portability are both right, of course.

In recent years and in new trends in space industry, transfer of ownership and lease of space objects in orbit, especially satellites, have increased. However, none of the documents in international space law have any reference to the prohibition of the transfer of ownership and the lease of space objects in orbit. Therefore, this article, by accepting the freedom of the transfer of ownership and the lease of space objects in orbit in accordance with the international space law documents such as Outer Space Treaty (1967), Liability Convention (1972), Registration Convention (1975), UN General Assembly Resolutions 59/115 & 62/101, tries to analyze the legal status of Launching State(s) and Transferee State(s) in these processes in terms of international responsibility, international liability and registration of space objects.

The general rule of Key Money or Goodwill, as is common among people in Iran, could be found in Note 2 of Article 6 of the Landlord-Tenant Relations Law passed in 1997, which states: "If the landlord transfers the key money to the tenant with a correct legal form, at the time of eviction, the tenant receives the right to legally demand key money on fair day rates." The legislator proposes two methods as examples of the "correct legal form". The question that arises here is that: By these two methods, is it possible to create a right with particular characteristics required in that general rule, so as to be able to jurisprudentially correct the common key money deals in accordance with the law, or not? By analyzing the jurisprudential foundations of these two methods, it becomes clear that no one can create a right to be transferable and legally demandable to the rate of the day. Therefore, the two methods mentioned in the Law of 1997 aren't competent to jurisprudentially correct the common key money deals, and are inconsistent with that general rule.

If one of the exchanged things in a contract is defective, the injured party has the option of defect and can cancel the contract or claim arsh (the compensation for the difference between a defective and sound thing) instead. While when the object being leased is defective, the lessee holds no right to claim arsh according to the Iranian Civil Law. Whereas apparently the Civil Law, specifically article 456, grants the right for claiming arsh to the lessor when the payment is tangible property and is defective. This kind of approach to Civil Law is inferred from non-famous jurists’ view which, considering jurisprudential sources and the nature of arsh, seems weak and is not a suitable source for legislation. Arsh, in fact, is peculiar to sale contract and generalizing it to other contracts, including lease, is not allowed. Therefore, it is necessary to amend the article 478 of Civil Law regarding lease contract, and to revise the article 456 of Civil Law.

In spite of continuance of landlord and tenant law contracts with expiration of lease time and their continuation to one of the law violation on behalf of tenant, the legislator has provided some instances that the vacation of lease object is possible only with expiration of lease time and necessity to commit any violation on behalf of tenant. These instances provided by Article 15 of landlord and tenant law (1977) are ways to modify the legal right of automatic revival of the lease contracts between landlord and tenant and in the other hand are related to landlords property right against tenants right about the legal right of automatic revival of the lease. Studying these cases and their conditions with policy centrality, this article tried to provide the appropriate solutions in controversial instances and where that law is silent and ambiguous.

In a lease contract, lessee sometimes acts in order to making construction or planting trees with approval of lessor. Also it is possible that possessions of lessee are done illegally. In these cases, after expiry of the lease, rights of lessee interfere with rights of lessor. Legislator protects legal acts of lessee and not illegal ones. Domination rule necessitates uprooting of cultivation pro landlord unless in accordance with local custom, the parties accept retention it for receiving average wage of land. The study of Egyptian law shows that the legislator of this country has made differences between legal and illegal possessions, but it also tends to maintain the accessions. Other than this, -unlike Iranian law- it does not consider lease as a possessory contract, even though it pays special attention to what lessee has done in good faith.