The Condition of Accessions after the Expiry of Rent in Iranian and Egypt Law

• Main Authors: Sayyed hossein asadi, Sayyed mohammad sadegh tabatabaei
• Format: Article
• Language: fas
• Published: Allameh Tabataba'i University Press 2017-01-01
• Series: Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī
• Subjects: Rent; Accessions; Uprooting of cultivation; Good faith; Egyptian law; Lease
• Online Access: http://jplr.atu.ac.ir/article_7125_fc56e123c20891b9e02487d080dad2cf.pdf

In a lease contract, lessee sometimes acts in order to making construction or planting trees with approval of lessor. Also it is possible that possessions of lessee are done illegally. In these cases, after expiry of the lease, rights of lessee interfere with rights of lessor. Legislator protects legal acts of lessee and not illegal ones. Domination rule necessitates uprooting of cultivation pro landlord unless in accordance with local custom, the parties accept retention it for receiving average wage of land. The study of Egyptian law shows that the legislator of this country has made differences between legal and illegal possessions, but it also tends to maintain the accessions. Other than this, -unlike Iranian law- it does not consider lease as a possessory contract, even though it pays special attention to what lessee has done in good faith.