mohammadmahdi azizollahi; seyyed mahdi dadmarzi; ALI JAVADIEH
Abstract
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, ...
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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.
amir jalili; mohamadmahdi azizollahi
Abstract
In a contractual relationship, usually the result of non-fulfillment of the obligation by one of the parties (whether performing the act or abandoning the action) is Damage entry to the other party, which the Compensation is the consequence of breach of this contractual liability.If the amount of damage ...
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In a contractual relationship, usually the result of non-fulfillment of the obligation by one of the parties (whether performing the act or abandoning the action) is Damage entry to the other party, which the Compensation is the consequence of breach of this contractual liability.If the amount of damage is not determined by the parties, either before or after the damage, The amount of damages must be determined by the court with referred to the expert, In this case, due to a delay in the filing of claim or the length of the proceedings, And changing the value of money and increasing the cost of compensation the Damage, Assessment Time will be important. There is no specific rule in Iranian law and various opinions have been raised, such as the time of breach, execution of the contract, issuance or enforcement of a definitive injunction. In British law, as a general rule, the date of breach of contract has been the criterion for Assessment, with some exceptions.
