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Journal: 

Islamic Economics

Issue Info: 
  • Year: 

    2017
  • Volume: 

    16
  • Issue: 

    64
  • Pages: 

    147-173
Measures: 
  • Citations: 

    0
  • Views: 

    989
  • Downloads: 

    0
Abstract: 

This research aims to study LEASE CONTRACT among set of Islamic CONTRACTs by explaining the importance and necessity of detailed study about Islamic CONTRACTs and CONTRACTual approach to Islamic economics. In this regard by considering asymmetric information as the most important challenge facing LEASE CONTRACT, we will study LEASE CONTRACT using CONTRACT theory and incentives economics. For this purpose, using a library method we study the various aspects of asymmetry of information in the LEASE CONTRACT considering Islamic economics and we construct a mathematical model to solve the problem. Finally we reach theoretical model that can design optimal CONTRACTs for LEASE of house (by replacing parameters) in a way that adverse selection problem will be solved. Then we use hypothetical parameters to solve the constructed model using LINGO software, for testing the model.

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Journal: 

FIQH

Issue Info: 
  • Year: 

    2020
  • Volume: 

    27
  • Issue: 

    1 (101)
  • Pages: 

    123-144
Measures: 
  • Citations: 

    0
  • Views: 

    3240
  • Downloads: 

    0
Abstract: 

One of the current authorities in necessary CONTRACTs, including LEASE CONTRACT, is the authority of loss. The loss that is based on the civil law and the most jurists' viewpoints is the loss that exists during the conclusion of the CONTRACT (simultaneous loss), and the loss that occurs after the conclusion of the CONTRACT and at the stage of fulfilling the obligations has received less attention from the experts. Since the LEASE CONTRACT is one of the CONTRACTs, in which the obligations of the parties are fulfilled over time and since all the obligations are not considered fulfilled only due to landlord withdrawing from the object of the LEASE, it is important to examine the authority of loss occurring in the LEASE CONTRACT, because it is possible that any change in circumstances may make the parties lose their balance after or at the time the CONTRACT has been concluded. Based on arguments such as the no-harm principles and the implicit condition, as well as the intellectuals' viewpoints and finally compulsion, the author of this paper claims that the occurrence of loss during the conclusion of the LEASE CONTRACT like the existence of loss at the time of concluding the CONTRACT can cause the right of authority for the party that has lost something in the CONTRACT. Such a solution would both help the efficiency of the current trade and economic system and it is in line with the principles accepted by the Iranian legal system.

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Issue Info: 
  • Year: 

    2014
  • Volume: 

    10
  • Issue: 

    35
  • Pages: 

    141-156
Measures: 
  • Citations: 

    0
  • Views: 

    2062
  • Downloads: 

    0
Abstract: 

In all CONTRACTs, the first principle is based on necessity, but use of this principle by common excuse can be abolished. The common excuse against the special excuse is a barrier out of parties will which generally prohibits the obligation of CONTRACT or in some cases like LEASE CONTRACT it can hamper the vindication of benefits. The prohibition of the vindication of benefits by common excuse depending on the time of appearance would had been effected because common excuse can be appear in various times, because the common excuse can be happened sometimes before bill of subject of hire and sometimes immediately after that and sometimes with an interval after bill maybe before any exploitation of benefits or during the exploitation or at the end of the that. This research has investigated these aspects especially related to LEASE CONTRACT.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    17
  • Issue: 

    4
  • Pages: 

    1423-1438
Measures: 
  • Citations: 

    0
  • Views: 

    77
  • Downloads: 

    23
Abstract: 

Undoubtedly, in the current era, what is important in the field of intellectual property is its commercialization. On the other hand, the transfer of intellectual property in the form of legal CONTRACTs is essential. These forms are numerous in Iranian law: some CONTRACTs, such as sale, exchange, and loan cause the transfer of ownership of the same property, and some other CONTRACTs, such as LEASE, transfer the ownership of interests for a limited period of time. What was examined in the present article is the feasibility of adapting the LEASE to intellectual property. Almost from the beginning of the formation of the intellectual property law system regarding the transfer of intellectual property concerning the feasibility of adapting the LEASE CONTRACT as a specific CONTRACT in the Iranian legal system, with intellectual property, there has been no organized and accurate research. The authors have studied the issue and concluded that according to the jurisprudential and legal definition of the LEASE CONTRACT and due to the term in this CONTRACT and the lack of a term in the copyright law, the creator's right is not compatible with the LEASE. As a result, it is not possible to design the legal environment governing this market, and it will not be possible to apply intellectual property in the form of a LEASE.

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    13
  • Issue: 

    46
  • Pages: 

    31-48
Measures: 
  • Citations: 

    0
  • Views: 

    1281
  • Downloads: 

    0
Abstract: 

On the basis of the Time-Sharing CONTRACT, a person, in a certain course of time, becomes the owner of the substance or its usufruct, or holds the right to benefit from the subject of the CONTRACT upon which the agreement is concluded. Under the influence of the Time-Sharing CONTRACT, the person holding the above-stated rights, will be able to directly or representatively fulfill his or her rights periodically for a limited or perennial course of time. These CONTRACTs are being concluded in a diverse set of forms almost in all of the countries around the world. The main purpose of this research is not to render a clear definition of the nature of the Time-Sharing CONTRACTs; but rather is to put emphasis on whether it is conceivable, based on Iranian legal system, to achieve CONTRACTual outcomes particular to the Time-Sharing CONTRACTs through a special type of LEASE CONTRACT. In the very meaning of timeshare there is no substantive detachment between the substance of a CONTRACT and its usufruct and ownership is considered as a right. However, in the light of the tenets of the Civil Code of Iran and Islamic jurisprudential decrees in this regard, it is conceivable to attain the outcomes particular to the Time-Sharing CONTRACTs through a specific kind of the LEASE CONTRACT or through the assignment of the “Substitutive Generality” to the subject and duration of the LEASE CONTRACT.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    15
  • Issue: 

    55
  • Pages: 

    741-759
Measures: 
  • Citations: 

    0
  • Views: 

    40
  • Downloads: 

    0
Abstract: 

Field and Aims: The current research has been carried out with the subject and purpose of the LEASE CONTRACT and its relationship with the right to goodwill in Iranian and Egyptian laws. In fact, this research aims to show that: goodwill is a type of LEASE CONTRACT and has common characteristics in the laws of Iran and Egypt. As a type of LEASE CONTRACT between lessor and lessee, goodwill has always had dark and ambiguous points in it. Method: The research method is descriptive and analytical. Finding and Conclusion: In Iranian law, goodwill is associated with the LEASE CONTRACT, so if goodwill is transferred to the lessee, the owner does not have the option of renting it to a non-lessee. Also, in the LEASEs subject to the Law of Landlord and Tenant Relations 1376, goodwill does not exist independently of the LEASE relationship and is a matter that is realized only by the existence of the LEASE CONTRACT,Therefore, if there is no reason for the occurrence of the LEASE CONTRACT,The claim is not required to prepare an official peace document. The characteristics and common characteristics of the LEASE CONTRACT in Iranian and Egyptian law are: exchangeability of the LEASE CONTRACT, consensuality of the LEASE CONTRACT, necessity, temporaryness, gradualness, etc.

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Author(s): 

Shokri Mohammad

Journal: 

Medical Law

Issue Info: 
  • Year: 

    2024
  • Volume: 

    18
  • Issue: 

    59
  • Pages: 

    41-54
Measures: 
  • Citations: 

    0
  • Views: 

    14
  • Downloads: 

    0
Abstract: 

Background and Aim: One of the effects of the Corona epidemic was its impact on CONTRACTs, one of the most common CONTRACTs is the rental CONTRACT. In the approvals of the National Struggle Headquarters, LEASE CONTRACTs were legally extended sometimes for a short period of time and sometimes for one year, and the ceiling of the rent increase was also determined. Method: The method of the present research is analytical-descriptive, which after examining the matters related to the resolution and analyzing it based on legal principles, subject laws and jurisprudence, the results were obtained with a critical approach. Ethical Considerations: In conducting the research, all the ethical standards of the research have been observed while maintaining trustworthiness. Results: In these approvals, there are two bases for the mandatory extension provision; One is public health order and prevention of the spread of disease in order to preserve the health of people and the other is public economic order and in order to support the lessee as a vulnerable party due to the bad economic effects of the epidemic of this disease and the economic stabilization of the society in this part of the CONTRACTs. Conclusion: The adoption of each of these bases creates approaches that require their own legal system. If the basis is to preserve health, one-sided coercion (only towards the lessor) is not justified and should be imposed on the CONTRACTors. But by choosing the basis of economic order and supporting the tenant, it has legal logic. Also, due to the exceptional nature of the decree and the need to limit itself to necessity, the lack of time and place constraints for the rule and application of the decree is one of the causes of illegitimate violation of the property rights of the lessor over the tenant and the principle of the rule of will in areas and places without a dangerous corona situation. A thing that is against the rules of collective harm and subjugation. Also, determining the ceiling of the rent increase, in addition to non-compliance and the opposite effect, sometimes has an unfair approach. PLEASE cite this article as: Shokri M. Criticism of the Approvals of the National Headquarters against Corona in Renewing the LEASE and Pricing CONTRACT. Medical Law Journal. 2024; 18: e4.

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Issue Info: 
  • Year: 

    2012
  • Volume: 

    27
  • Issue: 

    3 (107)
  • Pages: 

    147-173
Measures: 
  • Citations: 

    0
  • Views: 

    1563
  • Downloads: 

    0
Abstract: 

Concluding an insurance CONTRACT for LEASEd aircrafts involves many complicated problems with respect to the rights and obligations of each party in the insurance policy. Managing the relationship between the insuring parties and the other party to the LEASE CONTRACT to avoid possible future disputes, has caused aviation insurance industry to create a uniform endorsement for all aircraft leasing CONTRACTs (AVN67B). We discuss this uniform CONTRACT according to the general rules of aviation insurance.

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Issue Info: 
  • Year: 

    2022
  • Volume: 

    27
  • Issue: 

    98
  • Pages: 

    65-82
Measures: 
  • Citations: 

    0
  • Views: 

    209
  • Downloads: 

    0
Abstract: 

Hire CONTRACT is an agreement that there is disagreement over the nature of LEASE CONTRACTs. This disagreement over the judicial procedures of the Islami Engelab Courts is most evident when it comes to protest by leasing companies about confiscating cars for the carriage of drugs by tenants or other persons. So that some courts consider the nature of the CONTRACT to be LEASEd according to the text of the CONTRACT or laws. Others regard the intention of the parties as well as the ownership of the tenant on the vehicle, the nature of which has been considered selling. Others, without entering into the discussion of the nature of these CONTRACTs, have merely considered specific issues and have commented on it. However, given the different legal principles and the various laws that exist in this field and in all cases distinguishing the CONTRACT from the sale of installments, and also in accordance with the principle of the reLEASE of CONTRACTs, the acceptance of the nature of the LEASE of this CONTRACT more adaptation with the law and the CONTRACT.

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Issue Info: 
  • Year: 

    2017
  • Volume: 

    6
  • Issue: 

    1
  • Pages: 

    65-86
Measures: 
  • Citations: 

    0
  • Views: 

    233
  • Downloads: 

    158
Abstract: 

The present study is to examine LEASE and hire CONTRACTs in the Islamic setting of Iran. The study is further to analyze the asymmetric information problems in relation to these CONTRACTs. To this end, the features of LEASE and hire CONTRACTs, experimental characteristics revealed in some previous studies in Iran were examined through the use of library method. Different aspects of asymmetric information, namely hidden information and hidden action, were then mathematically modeled via CONTRACT theory. The resultant model indicated a list of optimal LEASE and hire CONTRACTs in transactions which can solve asymmetric information problems, such as adverse selection and moral hazard, through removing participation and incentive compatibility constraints. Finally, the optimal CONTRACT was determined with hypothetical parameters in the experimental analyses and through the use of LINGO software. Based on the findings, the main models provided for every transaction were solvable and the optimal CONTRACTs were obtainable. Experimental CONTRACTs show that the lessor has to set security deposits of tenant type qL lower than tenant type qH and set higher monthly rent for tenant type qL in LEASE CONTRACTs, and principal has to set wage of agent type qL lower than agent type qH and set higher length of CONTRACT for agent type qL in hiring CONTRACTs to solve asymmetric information problems.

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