كليدواژه :
بطلان , تلف عين مستاجره , اجاره , تلف منافع , استيفاء
چكيده لاتين :
Abstract
Nullity of tenancy will occur in two shapes: first, tenancy may be null upon lack of one of the conditions of validity of contracts or lack of conditions of validity of tenancy. In this situation and with legal view no contract has been created and relation of parties has just appearance of tenancy. So nullity of tenancy whenever it reveal, retrogress and relation of parties must return in the form of before contract. Second, tenancy has all of the conditions of validity of contract in the time of conclusion but in the middle of tenancy, changing circumstance converts rented property that continuance of tenancy becomes impossible and consequently tenancy will null. In this case, nullity affects future and doesnʹt retrogress. Upon this basis, in civil law of Iran, jurisprudence, Egypt and France ruin of rented property will null tenancy from the time of destroy and all of the parties relation before nullity will save, because capability of using for a period of time is the subject matter of tenancy and it is supposed that before destroy of rented property, utilization has been occurred and tenant has been obliged to pay rent. Iran law and jurisprudence in spite of Egypt and France law consider tenancy as a possessive contract. This classification involves some effects and consequences that has more harmony with the nature of tenancy and therefore Egypt and France law doesnʹt have defects on nullity of tenancy has being seen in Iran law and jurisprudence.
Key words: nullity, tenancy, ruin of rented property, ruin of interest, utilization.
