Investigating The Relationship Between Lease And To Put Decision In Iranian Law
Subject Areas : Civil Law
Mehdi
Hamzeh Hoveida
1
(Assistant Professor of Private Law, Department of Law, Faculty of Humanities, Qorveh Branch, Islamic Azad University, Qorveh, Iran.)
Kourosh
Bayat
2
(Master of Private Law, Department of Law, Faculty of Humanities, Tuiserkan Branch, Islamic Azad University, Tuiserkan, Iran.)
Keywords: rent, to put, contract, necessary and permissible, exchange.,
Abstract :
There has been a lot of research on rent and forgery, but little research has been done on the relationship between rent and forgery, so research in this case is necessary. Therefore, the purpose of this study is to investigate the relationship between rent and forgery with respect to According to jurists, these results have been achieved through the library collection method. Lease is considered as a contract, while there are disagreements about the to put of the contract, which according to the definition of the contract in the civil law, forgery is also considered as a contract and the to put and agent are committed to do a series of things. The important difference between a lease contract and a to put contract is that a lease contract is necessary, but a forgery contract is permissible, and also in some rulings such as determining the agent and the action and the duration and exchange of the conditions of validity are different. Although the lease contract is different from the to put contract, but they are similar in other respects as well, such as being a covenant, being in exchange, being a trustee, and so on.
Ibn Manzur, Muhammad bin Makram, (1993), Lisan al-Arab, Lebanon: Dar al-Fikr for
Printing, Publishing and Distribution - Dar Sader.
Emami, Seyyed Hassan Emami, (2010), Civil Rights, Tehran: Islamic Publications.
Imam Khomeini, Seyyed Ruhollah Musavi, (1981), Tahrir al-Wasilah, translated by Ali Eslami,
Qom: Islamic Publications.
Boroujerdi, Mohammad, (2018), Civil Law, Tehran: Majd.
Khalil Jar, (1993), Larousse Dictionary, translated by Seyyed Hamid Tabibian, Tehran: Amir
Kabir Publications.
Dehkhoda, Ali Akbar, (1947), Dictionary, edited by Dr. Moein, Tehran: Printing Company.
Raghib Isfahani, Hussein bin Muhammad, (1991), Mafatih al-Alfaz al-Quran, Lebanon: Dar al-
Ilm.
Zabidi, Seyyed Mohammad Mortaza Husseini, (1993), Taj al-Arus min Jawahir al-Qamus,
Beirut: Dar al-Fikr for Printing, Publishing and Distribution.
Shahroudhi, Seyyed Mahmoud Hashemi, (2005), Fiqh Dictionary in Accordance with the School
of Ahlul Bayt, Qom: Institute of Islamic Jurisprudence Encyclopedias on the School of Ahlul
Bayt.
Shaikh Bahai, Baha al-Din Ameli, (2012), Jame Abbasi, translated by Islamic Publications
Institute, Qom: Center for Computer Research on Islamic Sciences.
Shahid Thani, Zayn al-Din bin Ali, (2006), Sharh Lum'ah, translated by Ali Shirvani, Qom: Dar
al-Ilm Publications Institute.
Shahid Thani, Zayn al-Din bin Ali,, (2020), Civil Law 3 - Obligations, Tehran: Majd.
Ziyayi Bigdeli, Mohammad Reza, (2016), Civil Law, Tehran: Ganj Danesh.
Taheri, Habibullah, (1997), Civil Law, 2nd edition, Qom: Islamic Publications Office affiliated
with the Society of Teachers of Qom Seminary.
Adl, Mostafa, (2006), Civil Law, Tehran: Taha.
Allameh Hilli, Jamal al-Din Hassan, (no date), Tabsirah al-Muta'allimin, written by Haj Sheikh
Abu al-Hasan Shorani, unknown location.
Katozian, Naser, (2012), Specific Contracts, Tehran: Publishing Company.
Kazemi Foruz, Mehran, (2014), Similarities and Differences between Personal Lease Contract
and Ja'alah Contract, Legal Articles.
Langroodi, Mohammad Jafar Jafari, (2011), Legal Terminology, Tehran: Ganj Danesh Library.
Langroodi, Mohammad Jafar Jafari, (2009), Encyclopedia of Civil and Commercial Law, Tehran: Ganj
Danesh.
Madani, Seyyed Jalal al-Din, (2013), Civil Law, Tehran: Payidar Publications.
Mozaffari, Rasoul, (2002), Ja'alah in Islamic Banking, Qom: Bustan Ketab Qom.
Moein, Mohammad, (1992), Moein Dictionary, Tehran: Amir Kabir Publications Institute.
Najafi, Mohammad Hassan, (1983), Jawahir al-Kalam fi Sharh Shara'i al-Islam, 7th edition,
Beirut: Dar Ihya al-Turath al-Arabi.