Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī (Feb 2020)

The Consequences of issuance and nullification of tenant discharge verdict according to lessor and lessee relations Act 1978

  • Pejman Mohamadi

DOI
https://doi.org/10.22054/jplr.2019.28541.1759
Journal volume & issue
Vol. 8, no. 29
pp. 277 – 297

Abstract

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According to lessor and lessee relations Act 1978 and about hire rules, there are different and special sentences in comparison to civil law in Iran; one of these distinctions announces court based hire termination has different effects and consequences. In regard with to lessor and lessee relations Act 1978, underestimating the will of the included parties in termination, lessor especially, create and arise some questions about; what are the effects and consequences of issuance of termination and discharge verdict or only discharge verdict on of lessor and lessee? Furthermore, given the probability of nullification of this certain verdict based on lessor and lessee relations Act 1978; Article 28, which occurs as a consequence of incomplete reasons of hire termination, finding the answer of this question becomes more important and necessary. In this regard, at the one hand, it seems that issuance of tenant's discharge verdict according to lessor and lessee relations Act 1978, probably, is the most common and the most important cause of hire liquidation, on the other hand, it can't terminate tenant relationship and therefore the verdict ineffectiveness can't create hire contract.

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