جستجوی مقالات مرتبط با کلیدواژه "حق کسب" در نشریات گروه "فقه و حقوق"

Goodwill is a right that is realized at the beginning of the lease relationship by paying an amount from the lessee to the lessor and is affected by factors such as the location and size of the building and by creating rights for the lessee, including having the right to extend the lease term. Before the approval of the Landlord and Tenant Law, goodwill was a common and unquestionable custom among the general public, especially prominent businessmen and merchants, and had a very strong guarantee of moral implementation. Goodwill, unlike some jurisprudential concepts such as sale, purchase, lease, and mortgage, is a vague and unclear term, especially for the general public, and researching it and the rulings related to it is appropriate and necessary. In this article, the definition and conditions of goodwill are stated and its jurisprudential and legal documents are reviewed. The information was collected through a library and processed in a descriptive and analytical way. All source and document references are in-text (APE and MLA).

A good reputation is a financial right. In Iranian law, a tenant who is entitled to a goodwill or goodwill can receive a boom in return, otherwise there is no support for his boom;Whereas in English law, the protection of good business reputation is not bound by the existence of any other entity such as goodwill or the right to acquire and the merchant can, in any case, claim goodwill in the event that his business has a place of business. Be it material or done online. the present thesis is intended to comparative study of English law and the tenant’s good reputation in Iranian law and to identify solutions in order to recognize the ways to evaluate good reputation, in addition, it is intended to propose a theory about the advocacy of the tenant’s good reputation, based on the tenant must leave the business unit at the end of the lease term, and good reputation cannot be used as a pretext for remaining in the place. if the landlord or the new tenant benefits from the former tenant’s good reputation, the former tenant has the right to demand recompense for his good reputation.

Protecting the prosperity of merchants is a sort of support for a country's economy and this protection is of more significance when a trader is engaged in trading in a rented place, because the accumulation of defending the tenant's prosperity and landlord absolute ownership is challenging. In Iranian law, unlike France, the prosperity of a tenant is not protected independently and only a tenant who has the right to acquire or establish goodwill can redeem his business boom, and the prosperity of the tenants who lack the right to own or establish goodwill, even by having a good reputation, is not protected. But in French law, business prosperity is a property that can be bought, sold, rented, and mortgaged. This article seeks to prove that the basis of legal protection of rights such as the right to advance the business prosperity has existed in Islamic law before law of the west. Through a descriptive and interpretive method, it is attempted that while describing the procedure of protecting the prosperity of the tenant in Iranian and French laws and explaining the necessity of protecting this financial right in Islamic jurisprudence, the theory based on which it is possible to protect the prosperity of the tenant independently be presented; a theory in accordance with which if the landlord or the new tenant benefits from the former tenant’s business prosperity, the former tenant is entitled to demand recompense for his financial right.

This paper analyzes the ambiguous matters of substituting goodwill i.e. its consistency or inconsistency with the ecclesiastical law, its subsistence, and having or not having the right for transferring the lease to others. Then under the heading of the right for key-money, analyzes the key-money as an amount of money separate from the rent, the meaning of the phrase “the right for demanding the key-money in updated rate”, non-continuation of the lease after the expiry of its period in the key-money of the first kind, possibility of cancelation of the base lease of the key-money, and the manner of extending the lease; and after comparing the goodwill with the key-money relying on the discussions made, it has concluded that the right for the key-money is not a suitable substitution for the goodwill. As a result, the latter which has been proved as not against the ecclesiastical law, must be returned to the legal system.