نوع مقاله : مقاله پژوهشی
نویسنده
استاد دانشگاه شهید چمران اهواز
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The tenant has received a wide range of support according to lessor and lessee relations Act approved in 1978; Article 28 of the Act, has expanded its support even after the final discharge verdict. Based on this Article, final discharging verdict will be nullified in the case of non-payment of the right of Good Will within specified deadline (contractual or legal) by lessor, or non-request for execution of discharge verdict by the lessor within one year from the notification to lessor. Here are some questions arise about; what are the consequences of nullified verdict in contractual relationship (lease agreement) and litigation rights and obligations of lessor and lessee in that case or even possible new claims? What are the authorities and duties of the court of? In this regard, legislation, judicial procedure and even doctrine have not paid much attention to the issue; however, it can be said that there is no nullified verdict in law after nullification (ineffectiveness); that is not objectionable or applicable or preventing renewed lawsuit proceedings by lessor, nor can it even be relied on.
کلیدواژهها [English]