List of Articles اجاره

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  1 - A Jurisprudential Study of Guaranteeing Principal Capital in Commissioned Manufacture Bonds
  Masoumeh  Mazaheri Hamideh  Goushi Dehaqi
  Abstract:In Islamic Sharia law, with respect to the rule of the association of profit and loss, basically the principal capital return is not guaranteed. Therefore, gaining real profit is always associated with the possibility of loss and damage. Whereas in Islamic fina More

  Abstract:In Islamic Sharia law, with respect to the rule of the association of profit and loss, basically the principal capital return is not guaranteed. Therefore, gaining real profit is always associated with the possibility of loss and damage. Whereas in Islamic financial mechanisms such as commissioned manufacture bonds, the payment of the nominal value included in the bonds is guaranteed by the publisher in due date. Therefore, the owners of the bonds who are the investors of transactions will not sustain a loss or receive a reward for the reduction or increase in the value of the project upon receiving the nominal value of the bonds (principal capital). However, an analysis of the procedure for publication of the bonds, makes it clear that in commissioned manufacture bonds based on interest, the receipt of nominal value of the bonds will be realized according to the entitlement of the owners in due date proportionate to the total value of the amount due. Also guaranteeing the principal capital by the publisher of the commissioned manufacture bonds is according to the liability of the seller to pay for the object of sale. Moreover, the owners of the bonds as the buyers only own the amount due in duty of the debtor and they shall have no right in project thus commissioned. In this sense, any increase or reduction in the value of the project will have no effect in the amount of their claim. Whereas the owners of commissioned manufacture bonds along with rent with an ownership option are the joint owners of the project, thus in case of increase in project value in connection with the nominal value of the bonds, they are entitled to claim the value added. This is because according to the rule of logics the owner of actual property deserves to take a share of the increase in value of actual property value as he is to sustain the damages incurred on the actual property. Similarly, the reduction in project value in proportion to the nominal value of the commissioned manufacture bonds along with the rent with an ownership option, must be attributable to the joint owners, i.e. investors. Manuscript profile
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  2 - “With-profits” Bonds as Modern Islamic Financial Instruments versus Lease Bonds
  Azam  Lashkari Yousefi
  Abstract: With-profits bond is one of the modern financial instruments in Islamic system of finance. The issuer of these bonds will be able to offer benefits or future services to the holders of the bonds while maintaining the original durable property. Therefore, the h More

  Abstract: With-profits bond is one of the modern financial instruments in Islamic system of finance. The issuer of these bonds will be able to offer benefits or future services to the holders of the bonds while maintaining the original durable property. Therefore, the holders of these bonds will be able to present the benefits and future services with ease of mind upon accumulation of small capitals to expand this business. On the other hand, the holders of these bonds will enjoy future benefits and services upon a purposeful program and with cheaper prices. They will be also able to transfer their rights in financial markets. Lease bond is another Islamic financial instrument, the holders of which share the joint ownership of the property as is. The resulting benefit is thus distributed according to the lease contract among the issuers or owners of the bonds. Due to some similarities in these two types of bonds, some have mistakenly hypothesized that lease bonds shall cover the advantages of with-profits bonds. This paper has resorted to library research method to review the nature and structure of with-profits bonds to highlight the need for issuing these bonds in comparison with the lease bonds. Manuscript profile
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  3 - Ethical Analysis of Leasing Liquidation in Iranian and French Law
    Ahmad   
  In general, any form which causes the invalidity of a contract and if its' continuing legal effects will be stopped, the contract is considered as dissolved. Whether the contract is necessary or permissible, owned or covenant, is exchanged or gratuitous and is related t More

  In general, any form which causes the invalidity of a contract and if its' continuing legal effects will be stopped, the contract is considered as dissolved. Whether the contract is necessary or permissible, owned or covenant, is exchanged or gratuitous and is related to real persons or legal entities. In this meanwhile, lease contracts as gratuitous and purchase contract considers as such contracts which the legal effects of dissolution returns to it. This article intends to carry out a comparative study to determine the approach of Islamic republic of Iran and France's Civil Code about the dissolution cases of the lease by utilizing a qualitative approach that is based on gathering information from library resources. Findings from this study indicated that from the perspective of legal sources, we can invalid the agreement between the landlord and tenant and order to its dissolution through some forms of dissolution, including termination, nullity and also the lease termination. Also, in the civil law of Iran, contract lease is a customary contract. Therefore, at the time of the conclusion of the contract, the value of the procured profits must be determined and specified; despite of the French legal system which considers the contract lease to be a covenant. It is not possible to determine the term indefinitely; in this case, the contract lease is null and void. Manuscript profile
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  4 - Social Resilience to Climate Change; Indigenous and Non-indigenous Cash Rent Farming? (Case study: Potato farmers in Kermanshah Province
  shahpar geravandi Hadis Heidari Hossein Agahi
  The purpose of the present study was to investigate the social resilience of indigenous and non-indigenous cash rent farming to climate change. Also, the study was a descriptive cross-sectional used in the design. The research was carried out in Kermanshah province. The More

  The purpose of the present study was to investigate the social resilience of indigenous and non-indigenous cash rent farming to climate change. Also, the study was a descriptive cross-sectional used in the design. The research was carried out in Kermanshah province. The populations consist of potato Farmers (Indigenous and Non-indigenous Cash Rent Farming). The farmers have selected a stratified random sampling method from a list developed by researchers. A questionnaire was used for data collection. This instrument was designed based 5S model. The validity and reliability of questionnaire were confirmed by experts and Cronbach's alpha coefficient. Based on the result, the composite index showed that, Indigenous tenants in the dimensions; Social structure, social justice, and social capital and non-indigenous tenants in the dimensions: social structure, social mechanism, and social beliefs accounted for the largest amounts. Also, according to the results obtained from the study, among the two systems, the Non-indigenous cash rent farming has the highest amount of social resilience (18.89) to climate change compared to the Indigenous tenants(15.59). Manuscript profile
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  5 - Investigating The Relationship Between Lease And To Put Decision In Iranian Law
  Mehdi  Hamzeh Hoveida Kourosh  Bayat
  There has been a lot of research on rent and forgery, but little research has been done on the relationship between rent and forgery, so research in this case is necessary. Therefore, the purpose of this study is to investigate the relationship between rent and forgery More

  There has been a lot of research on rent and forgery, but little research has been done on the relationship between rent and forgery, so research in this case is necessary. Therefore, the purpose of this study is to investigate the relationship between rent and forgery with respect to According to jurists, these results have been achieved through the library collection method. Lease is considered as a contract, while there are disagreements about the to put of the contract, which according to the definition of the contract in the civil law, forgery is also considered as a contract and the to put and agent are committed to do a series of things. The important difference between a lease contract and a to put contract is that a lease contract is necessary, but a forgery contract is permissible, and also in some rulings such as determining the agent and the action and the duration and exchange of the conditions of validity are different. Although the lease contract is different from the to put contract, but they are similar in other respects as well, such as being a covenant, being in exchange, being a trustee, and so on. Manuscript profile
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  6 - مقایسه وضعیت تاب آوري اجتماعي نوع نظام بهره برداري در برابر تغییرات اقلیمی (مورد مطالعه: سیب زمینی کاران شهرستان كرمانشاه)
   
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  7 - A Critique On The Shortcomings Of The Law On Landlord And Tenant Relations in 1997
  Amirreza  Mahmoudi Mostafa Abbasi Seyedeh Mahshid   Miri Balajurshri
  The story of landlord-tenant relations is a story, almost old. For a long time, landlords have sought to rent their property at a higher price by vacating it, and tenants have always wanted to pay a lower rent and stay in their place. The story of renting business premi More

  The story of landlord-tenant relations is a story, almost old. For a long time, landlords have sought to rent their property at a higher price by vacating it, and tenants have always wanted to pay a lower rent and stay in their place. The story of renting business premises has been complicated twice. There is something called head lock and a phenomenon called the right to trade and trade in the relationship between the lessor and the lessee of the place of business, which increases the depth of the differences between the two. The principle in the lease contract is that the tenant vacates the premises at the end of the lease term and hands it over to the lessor. But it has never been so simple. Governments have always had to play the role of "regulator" and "arbiter" between these two. Anyway, the policies of the governments in this field started from the policy of limiting the rights of the owners and gradually it has been oriented towards the liberalization of relations and compliance with the free market economy. Manuscript profile
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  8 - Analytical Study Of The Differences Between The 1956 And 1976 Rent Laws And Their Advantages And Disadvantages
  Fateme Farad_e_falsafi
  10.61186/ahrar.45872.4.7.1
  The right to goodwill and the right to acquire or trade are among the most important issues related to rent, which have a very important place in legal and economic issues. The change and evolution of this legal institution and the legislation in relation to them have a More

  The right to goodwill and the right to acquire or trade are among the most important issues related to rent, which have a very important place in legal and economic issues. The change and evolution of this legal institution and the legislation in relation to them have always caused sensitivity and controversy. Finally, I will briefly present what we conclude in this thesis as follows: What is clear is that the majority of jurists agree on this matter that the right to acquire or trade is a financial right that is different from goodwill that is realized for the tenant of the place of business or trade and its collection by the tenant depends on the mention of it. It is not in the contract. But its realization depends on the material and immaterial elements of the merchant's or professional's capital, or in other words, one of the components of the business. This right is based on a series of material and spiritual principles and criteria that merchants or artisans use in order to meet the needs of their customers. In this research, we intend to examine the differences between the goodwill of the 1956 law and the 1976 law and its advantages and disadvantages in the form of a library. Manuscript profile
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  9 - Examining the nature and comparing the lease with the condition of ownership to the suspended contract in Iranian law.
  Donya Hosseini moghadam
  10.61186/ahrar.45964.4.8.1
  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 it More

  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. Manuscript profile