Priority in Rent Arising from Ownership Right of the Standing Property

Message:
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:

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.

Language:
Persian
Published:
Jurisprudence and the Fundaments of Islamic Law, Volume:55 Issue: 2, 2023
Pages:
247 to 264
https://www.magiran.com/p2577887  
مقالات دیگری از این نویسنده (گان)