Distinguishing the Nullity of Discharging Judgment of the Lessee Subject to Lessor and Lessee Relations Act 1977

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Mohmadi Pedjman; ABOUATA MOHAMMAD

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Paper Information

Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2019 | Volume:11 | Issue:20 Page(s): 325-350

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Information Journal Paper

Title

Distinguishing the Nullity of Discharging Judgment of the Lessee Subject to Lessor and Lessee Relations Act 1977

Author(s)

Mohmadi Pedjman | ABOUATA MOHAMMAD | Issue Writer Certificate

Keywords

Discharging JudgmentQ1

NullityQ1

LessorQ1

lesseeQ1

Goodwill PaymentQ2

Abstract

According to section 28 of Lessor and lessee relations Act 1977, there are some deadlines for Goodwill Payment to the lessee subject to Discharging Judgment or the request of issuing discharging executive order (in the case the judgment, does not include good will payment to the lessee). Moreover it declares that non-observance of specified deadlines by Lessor, will result in Nullity of the judgment. The Nullity of such Discharging Judgment which takes place without being disapproved by the court and prevents from the disconnection of tenancy, is unclear in many aspects. Its conception, conditions and executive procedures are not clear in the Act. Also Jurisprudence and doctrine have no clear records in this regards. It appears that the result depends on whether the Discharging Judgment includes the Goodwill Payment or not. Anyway, non-payment of such a right by the Lessor in time or the request of applying discharging order, is the legal condition of Nullity of the judgment but there is no specific procedure in the Act for such a case. It seems that the Nullity, takes place automatically and without any court's decision.

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APA: Copy

Mohmadi, Pedjman, & ABOUATA, MOHAMMAD. (2019). Distinguishing the Nullity of Discharging Judgment of the Lessee Subject to Lessor and Lessee Relations Act 1977. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 11(20 ), 325-350. SID. https://sid.ir/paper/401860/en

Vancouver: Copy

Mohmadi Pedjman, ABOUATA MOHAMMAD. Distinguishing the Nullity of Discharging Judgment of the Lessee Subject to Lessor and Lessee Relations Act 1977. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2019;11(20 ):325-350. Available from: https://sid.ir/paper/401860/en

IEEE: Copy

Pedjman Mohmadi, and MOHAMMAD ABOUATA, “Distinguishing the Nullity of Discharging Judgment of the Lessee Subject to Lessor and Lessee Relations Act 1977,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 11, no. 20 , pp. 325–350, 2019, [Online]. Available: https://sid.ir/paper/401860/en

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