Iranian law Sample Clauses

Iranian law. As we have seen License is a promissory contract, so to check its compliance with the lease contract we have to describe it through the promissory contract? In this regard, there is no consensus among the authors of the Iranian civil rights. Some authors have described the lease as a promissory contract. According to them the definition of lease in Article 466 of the Civil Code of Iran is criticized because it does not regard the obligations of the contract. Also they stress that the acquisition of benefits is misleading and distracts the mind from the obligations regarding the lease and guarantee of benefit. The author believes that the main obligation of the landlord in the lease contract, is to surrender the lease and guarantee the benefit of tenants. (Xxxxxx Xxxxxxxxx, 1996, pp. 33-31), but some people disagree that the possessory nature of the lease believing that this feature is derived Imamieh jurisprudence; in the Roman law, the lease contract is a promissory contract and it is reflected in the French law2; although the new law incline to the possessory nature of the lease. Though the possession of the lease contract is not right when interpreting some of its works, it cannot be easily considered among the promissory contracts under the influence of Article 1709 of the French law and public opinion of some of the jurists. (Katouzian, 1997, p. 348). Can License be considered as a kind of lease? Some writers believe that, renting the immaterial property is acceptable and intellectual property is immaterial. Having analyzed the benefits of the possession and the transfer of ownership rights, they believe the right that a person has in the result of the invention is similar to the lease. According to them, literary and industrial owner use his right as a lease, i.e., maintaining his ownership, he can give his invention to someone for a particular amount of time and get paid for this. From this perspective, civil code has accepted the renting in this sense, thus, the leasing of intellectual property is acceptable; because man cannot be considered rental, but the subject of rent, labor and human service can be. In this case, what difference does it make that wheather the material activity of a man is leased or his mental activity? Finally, it is concluded that "the obstacles of the sale or lease are difficult to legally and therefore the legislator has called it “transfer", but it seems that the difficulty of this accession is lower than rent. “(Ibid., P...
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