Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Succession in the right of eviction in the framework of the Landlord-Tenant Relations Law of 1977

Document Type : .

Authors
Masoumeh Khalatabadi Farahani 1
Soheil Taheri 2
Abolfazl Ahmadzadeh 3
1 PhD student, Department of Private Law, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.
2 Assistant Professor, Department of Private Law, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran
3 Assistant Professor, Department of Private Law, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2023.385799.1382
Abstract
Background and Aim: One of the controversial and challenging issues in jurisprudence and doctrine is the transfer or non-transfer of the right to evict the tenant, which was created during the ownership of the former owner, to the new owner. Considering the significant financial aspects of this right, determining the duty regarding this issue is very important.
Materials and Methods: The current research is of a theoretical type and its method is descriptive and analytical; The tool for collecting information is library-based and by referring to documents, books and articles.
Findings: both general approaches of transferring and not transferring the right to eviction can be identified with different arguments in judicial opinions and legal writings.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Conclusion: The right to vacate is not one of the rights that can be transferred along with the property, and vicegerent does not have an example in it, so the transferee as a special vicegerent will not be able to invoke the right to vacate created during the time of the former owner.
Keywords
The right to vacate
Deputy authority
Lease contract
Landlord and tenant relations
Subjects
Strategic Studies of Jurisprudence and Law
Volume 4, special issue - Serial Number 5
Studies of economic jurisprudence
Autumn 2022
Pages 827-845