Volume 27, Issue 98 (summer 2022)
__Judicial Law Views __2012__, 27(__59__): __22482 |
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mozafari M, mirzaei moghadam M. Review of the procedure of Islamic Engelab Courts in the interpretation Of the nature of the lease contract. دیدگاههای حقوقی 2022; 27 (98) :65-82
URL: http://jlviews2.ujsas.ac.ir/article-1-1476-en.html
URL: http://jlviews2.ujsas.ac.ir/article-1-1476-en.html
1- Shahid Beheshti University , m_mozafari@sbu.ac.ir
2- university of QOM
2- university of QOM
Abstract: (651 Views)
Hire contract is an agreement that there is disagreement over the nature of lease contracts. This disagreement over the judicial procedures of the Islami Engelab Courts is most evident when it comes to protest by leasing companies about confiscating cars for the carriage of drugs by tenants or other persons. So that some courts consider the nature of the contract to be leased according to the text of the contract or laws. Others regard the intention of the parties as well as the ownership of the tenant on the vehicle, the nature of which has been considered selling. Others, without entering into the discussion of the nature of these contracts, have merely considered specific issues and have commented on it. However, given the different legal principles and the various laws that exist in this field and in all cases distinguishing the contract from the sale of installments, and also in accordance with the principle of the release of contracts, the acceptance of the nature of the lease of this contract more adaptation with the law and the contract.
Keywords: Hire contract, leasing, Confiscation of vehicles, judgmental procedure, Principle of Freedom of Contract..
Type of Study: Critical & Analisis |
Subject:
Pivate Law
Received: 2018/11/25 | Revised: 2023/01/22 | Accepted: 2019/07/18 | Published: 2022/10/10 | ePublished: 2022/10/10
Received: 2018/11/25 | Revised: 2023/01/22 | Accepted: 2019/07/18 | Published: 2022/10/10 | ePublished: 2022/10/10
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