Investigating the Rent Situation in Iranian Law and Islamic Jurisprudence

Contracts and transactions have many divisions from different aspects. In one type of division, it is possible to refer to compensated and non-compensated contracts. Lease is an exchange contract, which must be specified like other exchange contracts when concluding the contract. According to the general rules of contracts, if the obligation of the parties is not clear, the contract will be void. However, in Article ۳ of the Landlord and Tenant Relations Law of ۱۳۵۶ and ۱۳۶۲, failure to determine the rent in a lease contract that is concluded verbally will not result in the contract being invalid, and in case of a dispute between the parties, the court will determine the amount of the rent. The said ruling is against the general rules of contracts and determining the amount of rent by the court causes the will of the parties in the rental contract to be ignored. The current research is trying to investigate the place of rent in the lease contract with a descriptive-analytical method.

کلیدواژه ها:

Lease Contract ، Rent ، Compensation ، Iranian Law ، Jurisprudence ، عقد اجاره ، اجاره بها ، معوض ، حقوق ایران ، فقه