ANSFERRING THE OBJECT OF LEASE AND ITS EFFECTS ON IRANIAN AND FRENCH LAWS | ||
| مطالعات حقوق خصوصی | ||
| Article 14, Volume 40, Issue 1, April 2011 PDF (299.66 K) | ||
| Author | ||
| Alireza Fasihizadeh | ||
| Abstract | ||
| It is possible for the lessor to transfer the leasehold property to another party through sale or other contracts over the course of lease without enjoying profit. According to Iranian civil code, article 498, transferring the object of lease even to the lessee himself does not contradict the lease contract. After the contract, the lease contract is still valid. In French law, transferring the object of lease to the lessee himself results in dessolution of lease. If the object of lease is transferred to the third party, according to French civil code, article 1743, and lessee has a lease certified or whose date is certain, the transferee will substitute the lessor. In this article, the author ,considering the new laws in 1989 and 2006, has offered a comparative study of Iranian and French laws and, at the end, clarified the results. | ||
| Keywords | ||
| Lease; loss; object of lease; Profit; Revocation option; Right of pre-emption.; Sale | ||
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