Examining the nature and comparing the lease with the condition of ownership to the suspended contract in Iranian law.
Subject Areas : probate law
1 - Phd student of private law, Department of Law, Faculty of Literature and Humanities, Gilan University, Rasht, Iran.
Keywords: Rent with the condition of ownership, Suspended contract, Iranian laws,
Abstract :
The purpose of this study is to examine and compare the nature of "rent with the condition of ownership" with suspended contracts in Iranian law. Although the "rent with the condition of ownership" contract originated and developed in the Western legal system, due to its advantages over similar legal institutions such as installment sales, suspended sales, and rental contracts, it can also be a suitable substitute for these legal institutions in our country's legal system. At first glance, it may seem that this contract is a rental agreement in which a condition for the tenant to become the owner is included at the end of the contract. However, it should be noted that "rent with the condition of ownership" has many similarities with contracts such as installment sales with a void condition, suspended sales, rental contracts, and mortgages. Despite these similarities, there are also significant differences with these contracts. Therefore, this contract cannot be included in the framework of any of these contracts, and it must be accepted that "rent with the condition of ownership" is an independent contract. Insisting on including this contract in the framework of other contracts creates problems that harm both parties and do not correspond to their wishes.One of these differences is the difference in the characteristics and nature of suspended contracts. A suspended contract is a contract whose occurrence and realization are subject to the occurrence of another event. In fact, a suspended contract is a contract that does not have any legal effect after (offer and acceptance), meaning that an agreement is reached and a contract is concluded, but its effect is not created and is subject to an incident. The widespread use of these types of contracts in recent years has made it necessary to identify their nature and provisions.
1. Jar, K.(1988), Larousse Dictionary, Vol. 2, translated by Seyed Hamid Tabiban, Amir Kabir Publications, Tehran. [In Persian]
2. Safipour, A and Beta, Montahi A. (2000). Arabic Language, Vol. 1, Sadouq Library Publications, Qom. [In Persian]
3. Jahangirbakhsh, J. (1982). Book Review in the Presence of Ayatollah Al-Behjat, Vol. 1, Issue 3, Qom. [In Persian]
4. Dehkhoda, A.(2008). Dictionary Dehkhoda, 6th edition, Vol. 4, Barresi Publications, Tehran. [In Persian]
5. Rahimi, H(2014). Comparative Study of the Analysis of the Nature of Potential Contracts in Iranian and Egyptian Law, No. 2, Comparative Law Studies Journal. [In Persian]
6. Saadi, A.( 1989). Fiqh Dictionary of Language and Terminology, Delfakr Publications, Noor Digital Library. [In Persian]
7. Amidi, H.(1963). Amidi Dictionary, Vol. 2, 27th edition, Amir Kabir Publications, Tehran. [In Persian]
8. Jafari Langroudi, J. (1999) Comprehensive Book on Legal Terminology, Vol. 3, Issue 1, Ganj-e-Danesh Library, Tehran. [In Persian]
9. Al-Miraghi, Ahmed ( 1998). Al-Miraghi Interpretation, First Edition, Dar Al-Fikr, Beirut. [In Persian]
10. Pirhadi, M( 2013). Transfer of Ownership in Sales Contract, Vol. 3, Javdanah Publications, Tehran. [In Persian]
11. Vafadar, A.( 2008). Rent with the Condition of Ownership, Private Law Studies, Vol. 38, Issue 1. [In Persian]
12. Eslamipanah, A and Abbasiyan, R.( 2009). Legal Nature of Rent with the Condition of Ownership, Law Quarterly, Vol. 39, Issue 3. [In Persian]
13. Collection of Printed Information on Rent with the Condition of Ownership and its Executive Guidelines, Export Bank.
14. Pakdaman, R.(1994). Collection of Laws and Regulations on Economic and Commercial Services, Vol. 1, Institute for Commercial Studies, Tehran. [In Persian]
15. Katouzian, N.(2002). General Rules of Contracts, Vol. 3, 11th edition, Enteshar Company, Tehran. [In Persian]
16. Akbarinezhad, P.(2004). Rent with the Condition of Ownership, Doctoral Thesis, Islamic Azad University, Science and Research Branch, Tehran. [In Persian]
17. Shahidi, S M.(2009). Collapse of Obligations, Vol. 14, Majd Publications, Tehran. [In Persian]
18. Emami, S H.(1994). Civil Law Book, Vol. 1, 11th edition, Islamic Law Publications, Tehran. [In Persian]
19. Shahidi, M.(2014). Civil Law, Formation of Obligations, Vol. 10, Majd Publications, Tehran. [In Persian]
20. Naraghi, A.(1996). Awaid Al-Ayyam, Islamic Propagation Office of the Seminary School, Qom. [In Persian]
21. Mohaqeq Helli, M.(nd). Al-Munafe'at Al-Mukhtasar (The Summary of Benefits), p. 151, Baitulhilal Institute Publications, Tehran. [In Persian]