The Right of the Lessee of the Endowed Property or Permissive to Build a Construction on the Continuity of Possession

Tahmasebi, Ali

doi:10.22106/jlj.2023.1972764.5068

The Right of the Lessee of the Endowed Property or Permissive to Build a Construction on the Continuity of Possession

Document Type : Applied Article

Author

Ali Tahmasebi

Assistant Professor, Department of Law, Faculty of Literature and Humanities, Razi University, Kermanshah, Iran

10.22106/jlj.2023.1972764.5068

Abstract

At the end of the lease contract, the tenant must vacate the property. However, in certain cases, even after the end of the contract, the legal rules may entitle him to continue his possession and do not recognize the lessor’s right to evict him. Therefore, despite the silence of the Civil Code, it can be said that if the lessee has created constructions (building, planting trees, digging a well, etc.) with the lessor’s permission, the latter one cannot evict him from the property at the end of the contract, because people invest (construct a building) thinking that the legal system supports their reasonable expectations, and the lack of sufficient support for this expectation will destroy the incentive to invest and will have harmful effects on the economy. Also, in cases where due to the lack of legal permission for transferring endowed properties, the ownership documents of individuals have been annulled by special laws, the law recognizes them the right of priority in possession and the lessor cannot demand for their eviction unless the extension of the contract is not compatible with endowment’s interest.

Keywords

tenant

end of term

permission

construction

priority of possession

Subjects