Comparative Study the Impact of Changes in the Leased Object on the Status of the Lease Contract in Imami Jurisprudence, Afghan Law, and French Law

Author(s): Mohammad Javad Arasta, Sayed Azizullah Mousavi

Institution: University of Tehran

Category: Articles, IJMMU

Topics: Change of the Object of the Transaction; Change of the Leased Object; Status and Validity of the Contract; Substantial Change of the Object; Qualitative Change of the Object

Abstract: In the lease contract of objects, if the leased object undergoes a substantial change or a significant change in its characteristics before it is delivered to the tenant, the lease contract is void. This is because the existing object is different from what was the subject of the transaction and what was agreed upon. However, if the object undergoes a substantial or qualitative change during the lease term, there are similarities and differences between Imami jurisprudence, Afghan law, and French law. For example, if the change occurs at the beginning of the lease contract and the delivery of the leased object, according to Imami jurisprudence, it is considered as a change before delivery and the contract is void. However, in Afghan and French law, there is no distinction between the beginning and the duration of the lease contract. However, if the change occurs during the lease term, Imami jurisprudence provides different rulings depending on the type and cause of the change, such as the validity, voidness, suspension, and termination of the contract. Afghan law also, depending on the case, considers the rulings of the continuation and persistence, dissolution, and conditional suspension of the contract, and French law provides for the termination of the contract in case of a substantial change caused by force majeure, but in other cases, it rules for the continuation and persistence of the contract.

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