Volume 20, Issue 2 (2016)                   IQBQ 2016, 20(2): 59-75 | Back to browse issues page

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Parsapour M B, Issaei Tafreshi M. Legal-Jurisprudential Analysis of Interest Delivery in a Lease Contract. IQBQ. 2016; 20 (2) :59-75
URL: http://clr.modares.ac.ir/article-20-3029-en.html
Abstract:   (7033 Views)
In a lease contract, in view of the fact that the tenant basically is required to pay the contractual consideration only when the transaction’s interest has been delivered to them, this question arises that when the delivery of property interest comes into existence so that the tenant bears the mentioned responsibility.This is apparently in unanimous agreement among the Islamic Shia jurists regarding renting objects (movable properties), is that the tenant is obliged to pay the rent merely by delivery of the specific property. However, some scholars have expressed doubts about this viewpoint because the interest in a lease contract is gained gradually, and therefore, it does not exist when the specific property is delivered to the tenant. Moreover, there is no consensus of opinion about determining the delivery time when a worker must do something on an object belonging to the tenant in renting services.While analyzing and scrutinizing various perspectives, the authors in this paper have  conclude that in renting objects, delivery of property interest is materialized by delivering the specific property as a source of interest in light of prevalent convention and on the subject of renting services, if the worker is supposed to do some work on the object belonging to the tenant;then worker takes possession of the mentioned object for purposes of work, and conventionally, delivery of interest is materialized only by delivering that object. Otherwise, the worker is entitled to require the tenant to pay her wage after finishing the job.
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Received: 2015/02/23 | Accepted: 2016/05/11 | Published: 2016/09/5

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