The Quality and the Effects of Delivery of Benefits, A Comparative Study on Iranian Civil Code and Islamic Jurisprudence

Although the subject of a lease contract is the benefits of property, according to the gradual essence of the benefits, the delivery is also possible in a gradual manner after coming into existence. Therefore, the delivery of the benefits is under the general rule of delivery. This means that the loss and defect after the delivery is not considered as loss and defect after the handing in of and it would make an option for the rest of the benefits. In leasing of a property, on the contrary of a sale, the delivery does not terminate the debt and aborting is made gradually and loss and defect does not cause option or termination. There would be only an obligation of lessee to deliver the substitute. The legislator only obviates the general rule of actual delivery in the case of mutual delivery of the benefits.