Distinguishing the Nullity of Discharging Judgment of the Lessee Subject to Lessor and Lessee Relations Act 1977 | ||
| مطالعات فقه و حقوق اسلامی | ||
| Article 14, Volume 11, Issue 20, June 2019, Pages 325-350 PDF (348.37 K) | ||
| Document Type: Original Article | ||
| DOI: 10.22075/feqh.2018.12804.1300 | ||
| Authors | ||
| Pedjman Mohmadi* 1; Mohammad Abouata2 | ||
| 1Professor of Shahiid Chamran University- Ahvaz, | ||
| 2Associate Professor of Semnan University | ||
| Receive Date: 17 October 2017, Revise Date: 21 May 2018, Accept Date: 19 May 2018 | ||
| 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. | ||
| Keywords | ||
| Discharging Judgment; Nullity; Lessor; lessee; Goodwill Payment | ||
| References | ||
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