Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 41-54 |
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Shokri M. Criticism of the Approvals of the National Headquarters against Corona in Renewing the Lease and Pricing Contract. MLJ 2024; 18 (59) :41-54
URL: http://ijmedicallaw.ir/article-1-1684-en.html
URL: http://ijmedicallaw.ir/article-1-1684-en.html
Department of Law, Faculty of Law and Social Sciences, Payame Noor University, Tehran, Iran.
Abstract:
Background and Aim: One of the effects of the Corona epidemic was its impact on contracts, one of the most common contracts is the rental contract. In the approvals of the National Struggle Headquarters, lease contracts were legally extended sometimes for a short period of time and sometimes for one year, and the ceiling of the rent increase was also determined.
Method: The method of the present research is analytical-descriptive, which after examining the matters related to the resolution and analyzing it based on legal principles, subject laws and jurisprudence, the results were obtained with a critical approach.
Ethical Considerations: In conducting the research, all the ethical standards of the research have been observed while maintaining trustworthiness.
Results: In these approvals, there are two bases for the mandatory extension provision; One is public health order and prevention of the spread of disease in order to preserve the health of people and the other is public economic order and in order to support the lessee as a vulnerable party due to the bad economic effects of the epidemic of this disease and the economic stabilization of the society in this part of the contracts.
Conclusion: The adoption of each of these bases creates approaches that require their own legal system. If the basis is to preserve health, one-sided coercion (only towards the lessor) is not justified and should be imposed on the contractors. But by choosing the basis of economic order and supporting the tenant, it has legal logic. Also, due to the exceptional nature of the decree and the need to limit itself to necessity, the lack of time and place constraints for the rule and application of the decree is one of the causes of illegitimate violation of the property rights of the lessor over the tenant and the principle of the rule of will in areas and places without a dangerous corona situation. A thing that is against the rules of collective harm and subjugation. Also, determining the ceiling of the rent increase, in addition to non-compliance and the opposite effect, sometimes has an unfair approach.
Please cite this article as:
Shokri M. Criticism of the Approvals of the National Headquarters against Corona in Renewing the Lease and Pricing Contract. Medical Law Journal. 2024; 18: e4.
Method: The method of the present research is analytical-descriptive, which after examining the matters related to the resolution and analyzing it based on legal principles, subject laws and jurisprudence, the results were obtained with a critical approach.
Ethical Considerations: In conducting the research, all the ethical standards of the research have been observed while maintaining trustworthiness.
Results: In these approvals, there are two bases for the mandatory extension provision; One is public health order and prevention of the spread of disease in order to preserve the health of people and the other is public economic order and in order to support the lessee as a vulnerable party due to the bad economic effects of the epidemic of this disease and the economic stabilization of the society in this part of the contracts.
Conclusion: The adoption of each of these bases creates approaches that require their own legal system. If the basis is to preserve health, one-sided coercion (only towards the lessor) is not justified and should be imposed on the contractors. But by choosing the basis of economic order and supporting the tenant, it has legal logic. Also, due to the exceptional nature of the decree and the need to limit itself to necessity, the lack of time and place constraints for the rule and application of the decree is one of the causes of illegitimate violation of the property rights of the lessor over the tenant and the principle of the rule of will in areas and places without a dangerous corona situation. A thing that is against the rules of collective harm and subjugation. Also, determining the ceiling of the rent increase, in addition to non-compliance and the opposite effect, sometimes has an unfair approach.
Please cite this article as:
Shokri M. Criticism of the Approvals of the National Headquarters against Corona in Renewing the Lease and Pricing Contract. Medical Law Journal. 2024; 18: e4.
Type of Study: Original Article |
Received: 2023/07/28 | Accepted: 2023/10/29
Received: 2023/07/28 | Accepted: 2023/10/29
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