نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
The lease contract, as one of the specific contracts, has a special place in Islamic jurisprudence and Iranian statutory law and enables the temporary transfer of property interests to another in exchange for a specific consideration. This legal institution has been considered not only in Iranian law, but also in other legal systems such as Turkish law, and numerous laws have been enacted to regulate its conditions and effects. In this article, the concept and basic elements of the lease contract in Islamic jurisprudence and Iranian law are first examined, and then the conditions for the validity of the lease contract, such as the competence of the parties, the specificity of the consideration, and the legitimacy of the benefit, are analyzed. The effects of this contract are also explained from the perspective of the responsibilities of the lessor and the lessee, the guarantees of performance resulting from the violation of the lessor and the lessor, as well as the cases of termination or cancellation of the lease. Another part of this article is dedicated to a comparative study of the lease regulations in Turkish law based on the Turkish Code of Obligations (TCO), and its similarities and differences with the Iranian legal system and jurisprudential principles are analyzed. The results of this study show that although Islamic jurisprudence and Iranian and Turkish law share many general principles governing lease contracts, such as the need to surrender the leased property, observing the limits of permission in using the leased property, and respecting the owner's rights, there are significant differences between these legal systems regarding issues such as contract termination, early eviction, tenant rights regarding contract renewal, and determining future rent. This study was conducted using a descriptive-analytical method and using reliable jurisprudential and legal sources.
کلیدواژهها English