نقد و بررسي ادله ي بطلان شرط ضمان مستاجر

CRITIQUE AND PROBE IN THE PROOFS OF DISCOMFIT OF CONDITION OF GUARANTY AGAINST TENANT

Condition of guaranty against tenant is a prevalent order in rent contracts nowadays. Logically and profoundly it was be documented and peruse in juridical jurist believe to authenticity of it. Although it is not mention frankly in civil law, but itappear that view point of discomfit is accepted - unlike current judicial procedure - by consider in article 493 particularly and article 614 generally. In this research, proofs of discomfit is critiqued and rejected finally, and then through generality of the rule: Troth to condition and proof its inclusion into condition of guaranty against tenant, like wise by consider to custom and uptake of wisdom, the sight of recent jurists and masters of guaranty against tenant.