A Comparative Study on the Identification of Instances of Lease Contracts in Iranian and French Law

Abstract

Today, the lease contract is considered one of the most important contracts in contemporary society. In both Iranian and French law, this contract is categorized as a named contract. Given the ever-increasing population growth, large and small cities alike face issues related to residential and commercial tenancies. One of the most critical issues that has been studied and regulated in both legal systems concerning lease contracts is the obligations of the lessor and the lessee. Since the laws related to leasing have been influenced by French law, there are many similarities in the rights and duties of the lessor and lessee, including the right to sell to third parties, the obligation to return the leased property in good condition, the payment of rent, and the avoidance of unnecessary alterations. There is no fundamental difference between these two legal systems; however, there are minor differences in the rights and obligations of the lessor and lessee, such as the determination of rent, interference by third parties, and major repairs. Given the aforementioned points, the identification of the rights and duties of the lessor and lessee is clearly evident, and a precise understanding of the obligations of each party appears to be necessary. This study aims to examine these obligations in the two legal systems through a comparative approach.