A Comparative Study Of The Nature Of The Head And The Right To Trade With An Approach To Free Trade And Industrial Zones
Subject Areas : Civil Law
Farshad
Akbari Balanga
1
(Master's student in private law, Department of Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.)
Seyed Alireza
Mirheidari Langroudi
2
(Assistant Professor of Private Law, Department of Law, Faculty of Humanities, Lahijan Branch, Islamic Azad University, Lahijan, Iran.)
Keywords: Goodwill nature, right, goodwill, business tenants , free trade zones.,
Abstract :
Goodwill is one of the most important issue’s of renting , which has emerged in the contemporary period and was first established in France , and then French law has entered Iran's rights. In 1997, it was recognized by the legislator. This was right before the laws entered into Iran's commercial convention. What was recognized in Iran's laws in the past was the right to business and trade that most of the jurists called to oppose it and declared it a non – religious. Consequently¬ opposition , the Convention on the Trade , which was reflected in the form of goodwill in the writings¬ of jurists, influenced their legal theories for the first time in the framework of the legal Relations Law and the tenant of 1997. Although the law could not be all to goodwill issues. Because the concept of goodwill and its nature is not clear, and at the same time the conditions of realization of the goodwill and the implementation guarantee¬ Failure to comply with these terms and also the right to the third parties is not clear. Also , the goodwill and conditions of realization of the transfer and conformity of it in Iran's free trade and industrial zones have ambiguities. Hence , in this thesis we are going to clarify the ambiguities and solutions to solve this issue.
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