چکیده:
Protecting the prosperity of merchants is a form of supporting a country's economy, and this protection becomes even more important in circumstances where a merchant is engaged in business at a leased location; because balancing the defense of a tenant's goodwill with the landlord's property rights will be challenging. In Iranian law, unlike French law, the tenant's goodwill is not protected independently; rather, only a tenant who possesses the right to business or 'sarghofli' (goodwill/key money) can receive compensation for their business prosperity. If such a tenant lacks the right to business or sarghofli, no protection is provided for their business prosperity, even if they possess significant reputation. However, in French law, business goodwill is considered a property that can be bought, sold, leased, and used as collateral. This article aims to prove that the legal basis for protecting rights such as the right to business prosperity existed in Islam prior to Western law. Using descriptive and interpretive methods, it attempts to describe the trend of protecting tenant goodwill in Iranian and French law and clarify the necessity of protecting this financial right in jurisprudence, proposing a theory whereby the tenant's goodwill can be protected independently; a theory according to which, if the landlord or a new tenant benefits from the business goodwill, the former tenant is entitled to claim compensation for their business prosperity.
خلاصه ماشینی:
Currently, in Iranian law, according to the Landlord and Tenant Relations Act passed in 1997, in which the legislator, based on the opinions of jurists, aimed to support the sovereignty of will and the absolute ownership of the lessor by eliminating the right to trade, profession, or commerce, the protection of a tenant merchant's business goodwill has also been weakened for fear of the re-revival of the right to trade, profession, or commerce.
The Landlord and Tenant Relations Act passed in 1997 is the only law that considers the contract as the cause for the existence of sarghofli and the contractual privileges as the consideration for the sarghofli amount; privileges such as the possibility of receiving the fair price of sarghofli at the time of evacuation for the holder of the sarghofli right, or that the landlord does not have the right to evacuate the property and as long as the lease agreement with the tenant is renewed, the rent amount shall not increase; 4 similar to what is mentioned in Tahrir al-Wasilah.
According to Note (2) of Article (6) of the aforementioned law, the landlord is obliged to pay the fair price of sarghofli to a tenant who possesses the sarghofli right at the time of evacuation, and as the first branch of the Supreme Disciplinary Court of Judges also emphasized this matter in ruling number 215 dated 1993/11/06, the assessment of the sarghofli price is carried out by experts, and the prosperity or recession of trade is one of the effective factors on the value of sarghofli in expert assessment.
(
, 
, 
)
