The Judiciarys Law Journal

The Judiciarys Law Journal

A new analysis of the topic, attributes and rulings of a good contract good will Relations Law approved in 1376 (with a critique on judicial procedure)

Document Type : Research/Original/Regular Article

Author
Ph of Private Law, Qom Mofid Uni
10.22106/jlj.2024.2031768.5951
Abstract
The majority of the judges of our courts, separating the right of goodwill from its legal source, i.e. the contract, interpret Note 2 of the article of the Law of Landlord and Tenant 1376 as meaning that at the end of the lease period, the owner of the right of goodwill can pay the price without obtaining the satisfaction of the customer or tenant Adela has the right to demand his vacate; An analysis that is clearly contrary to the common intention of the contracting parties and the customary concept of the right to goodwill, and by receiving the amount of goodwill, the owner waives his right to vacate at the end of the lease term. In the article, it is proven that the subject of the goodwill contract is to give the customer or tenant the "right to choose or extend the lease" by which the owner's right to vacate at the end of the lease period is lost. In this way, in what cases can the owner submit a request to vacate the property, considering the compliance of property transactions in jurisprudence-based rights with causal or causal theory, the concept of eviction and fair price in Note 2 of the article of the Landlord and Tenant Relations Law 1376. It goes back to the cases of termination of goodwill contract and reduction of financial value that was obtained as a result of the contract and is supposed to be returned due to termination.
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Volume 89, Issue 129
Spring 2025
Pages 115-143

  • Receive Date 09 June 2024
  • Revise Date 27 November 2024
  • Accept Date 29 November 2024
  • First Publish Date 22 May 2025
  • Publish Date 22 May 2025