Rental Transaction by Conduct (without Using Words) from The Perspective of Iranian Jurisprudence and Law
The rental contract in jurisprudence and legal regulations is an ownership (proprietary) nature, so in rental transaction by conduct (without using words), the conduction of such a nature is discussed with external acts. Most jurists do not consider a transaction by conduct (without using words) to...
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Razavi University of Islamic Sciences
2020-06-01
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| Series: | آموزههای فقه مدني |
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| Online Access: | https://cjd.razavi.ac.ir/article_631_a629d704ec865c21448cf75338f5554d.pdf |
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| author | Saeed Kheradmandi |
| author_facet | Saeed Kheradmandi |
| author_sort | Saeed Kheradmandi |
| collection | DOAJ |
| description | The rental contract in jurisprudence and legal regulations is an ownership (proprietary) nature, so in rental transaction by conduct (without using words), the conduction of such a nature is discussed with external acts. Most jurists do not consider a transaction by conduct (without using words) to have an ownership (proprietary) effect, and as a result, they do not consider the sale and rental transaction by Conduct (without using words) which cause the transfer of benefits and the object of sale. In the lease of objects, according to Article 468 of the Islamic Penal Code, it seems difficult to accept the rental transaction by conduct (without using words), and it can be said, according to Article 494 of the Islamic Penal Code that rental transaction by conduct (without using words) has not been accepted. In the Law on Landlord-Tenant (tenant and the landlord act) Relations of 1997 (1376 in the Solar Hijri calendar), the method of writing legal articles is such that it should be ruled that the rental transaction by conduct (without using words) not valid. Although, in other cases, the rental transaction by conduct (without using words) has not been explicitly accepted, based on the absoluteness of indications, and according to the various theories that have been proposed and raised regarding the absoluteness of the contract form, it is possible to rule on the validity of the rental transaction by conduct (without using words) in doubtful cases. |
| format | Article |
| id | doaj-art-ef2aeb09d3c0418ab03b392428dafd1c |
| institution | DOAJ |
| issn | 2251-936X 2783-3690 |
| language | fas |
| publishDate | 2020-06-01 |
| publisher | Razavi University of Islamic Sciences |
| record_format | Article |
| series | آموزههای فقه مدني |
| spelling | doaj-art-ef2aeb09d3c0418ab03b392428dafd1c2025-08-20T03:16:07ZfasRazavi University of Islamic Sciencesآموزههای فقه مدني2251-936X2783-36902020-06-011221113138631Rental Transaction by Conduct (without Using Words) from The Perspective of Iranian Jurisprudence and LawSaeed Kheradmandi0Assistant professor at Islamic Azad University, Kermanshah branchThe rental contract in jurisprudence and legal regulations is an ownership (proprietary) nature, so in rental transaction by conduct (without using words), the conduction of such a nature is discussed with external acts. Most jurists do not consider a transaction by conduct (without using words) to have an ownership (proprietary) effect, and as a result, they do not consider the sale and rental transaction by Conduct (without using words) which cause the transfer of benefits and the object of sale. In the lease of objects, according to Article 468 of the Islamic Penal Code, it seems difficult to accept the rental transaction by conduct (without using words), and it can be said, according to Article 494 of the Islamic Penal Code that rental transaction by conduct (without using words) has not been accepted. In the Law on Landlord-Tenant (tenant and the landlord act) Relations of 1997 (1376 in the Solar Hijri calendar), the method of writing legal articles is such that it should be ruled that the rental transaction by conduct (without using words) not valid. Although, in other cases, the rental transaction by conduct (without using words) has not been explicitly accepted, based on the absoluteness of indications, and according to the various theories that have been proposed and raised regarding the absoluteness of the contract form, it is possible to rule on the validity of the rental transaction by conduct (without using words) in doubtful cases.https://cjd.razavi.ac.ir/article_631_a629d704ec865c21448cf75338f5554d.pdfrental transaction by conduct (without using words)lease (hiring) of objectsrent of personsdoubt in rental transaction by conduct (without using words) |
| spellingShingle | Saeed Kheradmandi Rental Transaction by Conduct (without Using Words) from The Perspective of Iranian Jurisprudence and Law آموزههای فقه مدني rental transaction by conduct (without using words) lease (hiring) of objects rent of persons doubt in rental transaction by conduct (without using words) |
| title | Rental Transaction by Conduct (without Using Words) from The Perspective of Iranian Jurisprudence and Law |
| title_full | Rental Transaction by Conduct (without Using Words) from The Perspective of Iranian Jurisprudence and Law |
| title_fullStr | Rental Transaction by Conduct (without Using Words) from The Perspective of Iranian Jurisprudence and Law |
| title_full_unstemmed | Rental Transaction by Conduct (without Using Words) from The Perspective of Iranian Jurisprudence and Law |
| title_short | Rental Transaction by Conduct (without Using Words) from The Perspective of Iranian Jurisprudence and Law |
| title_sort | rental transaction by conduct without using words from the perspective of iranian jurisprudence and law |
| topic | rental transaction by conduct (without using words) lease (hiring) of objects rent of persons doubt in rental transaction by conduct (without using words) |
| url | https://cjd.razavi.ac.ir/article_631_a629d704ec865c21448cf75338f5554d.pdf |
| work_keys_str_mv | AT saeedkheradmandi rentaltransactionbyconductwithoutusingwordsfromtheperspectiveofiranianjurisprudenceandlaw |