GOOD WILL IN CASE OF DESTRUCTION OF BUSINESS UNIT (JUDICIAL PROCEDURE ANALYSIS AND CRITICISM)

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ALSHARIF MOHAMMAD MAHDI

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2016 | Volume:79 | Issue:92 Page(s): 7-32

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Information Journal Paper

Title

GOOD WILL IN CASE OF DESTRUCTION OF BUSINESS UNIT (JUDICIAL PROCEDURE ANALYSIS AND CRITICISM)

Author(s)

ALSHARIF MOHAMMAD MAHDI | Issue Writer Certificate

Keywords

GOOD WILLQ2

LEASE CONTRACTQ2

WASTINGQ2

TO BE WASTEDQ2

LEASEHOLDQ2

Abstract

According to the fact that rents included in 1977 law of tenant- landlord and possibility of a tenant occupation even after the end of the lease, this probability that business unit might get damaged or destructed over time is not a rare phenomenon. Hence, in this regard, legislator has not solved the problem related to the GOOD WILL. Judicial procedure is also different from this perspective. It seems that giving an answer to this question is due to determining the rental relationship status after the destruction of the substance because. If we consider the business right as a real right causing the tenant to remain in the LEASEHOLD, this right is subject to the object and rental relationship. Of course on premise the destruction in which the tenant or a third party is the agent of loss; however the GOOD WILL fades away by destruction of the object, the landlord or third person is responsible for compensation from WASTING the right of another and civil responsibility point of view. Anyway, assuming the rental relationship to remain and obligation of landlord or third person to reconstruct the object in order to keep the rights of tenant is no longer possible.

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APA: Copy

ALSHARIF, MOHAMMAD MAHDI. (2016). GOOD WILL IN CASE OF DESTRUCTION OF BUSINESS UNIT (JUDICIAL PROCEDURE ANALYSIS AND CRITICISM). THE JUDICIARY’S LAW JOURNAL, 79(92), 7-32. SID. https://sid.ir/paper/138000/en

Vancouver: Copy

ALSHARIF MOHAMMAD MAHDI. GOOD WILL IN CASE OF DESTRUCTION OF BUSINESS UNIT (JUDICIAL PROCEDURE ANALYSIS AND CRITICISM). THE JUDICIARY’S LAW JOURNAL[Internet]. 2016;79(92):7-32. Available from: https://sid.ir/paper/138000/en

IEEE: Copy

MOHAMMAD MAHDI ALSHARIF, “GOOD WILL IN CASE OF DESTRUCTION OF BUSINESS UNIT (JUDICIAL PROCEDURE ANALYSIS AND CRITICISM),” THE JUDICIARY’S LAW JOURNAL, vol. 79, no. 92, pp. 7–32, 2016, [Online]. Available: https://sid.ir/paper/138000/en

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