Jurisprudential Legal Analysis of Rent Based on Time Unit

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Mafi Homayoun; Ahmadi Lemraski Reza

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Journal Paper

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Journal: Legal Civilization Year:2024 | Volume: | Issue: Page(s): 5-26

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Information Journal Paper

Title

Jurisprudential Legal Analysis of Rent Based on Time Unit

Author(s)

Mafi Homayoun | Ahmadi Lemraski Reza | Issue Writer Certificate

Keywords

Term DeterminationQ4

Lease RentQ4

Obtained SatisfactionQ4

Abstract

According to the civil law and jurisprudence, one of the basic conditions for the validity of a lease is to determine the duration or number of times the act has been performed. The benefit is determined by mentioning the term, if the term is not determined, the lease is void. But sometimes the parties to the contract set the amount of wages against the unit of time or the number of times the act is performed. In Articles 501 and 515 of the Civil Code, the legislature has accepted rent without mentioning the term, which in the language of jurists is known as "rent by appointment" and in the language of jurists is known as "rent of the famous". According to the civil law, the lease is valid in the first period of time, and in the rest of the period of times, the landlord or the tenant will be entitled to the rent according to the conditions stated in the contract. However, there is disagreement between jurists and jurists regarding the validity and invalidity of the lease, both in the specified period and over it. In this article, we try to examine the views of legal doctrine with an analytical-descriptive approach. Let's pay the jurists and analyze the legal institution that can be replaced by the mentioned contract.

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