Rights and obligations of the landlord and tenant in Iraqi law, Iranian law and Imami jurisprudence

Abstract

This research deals with the legal obligations arising from the lease contract between the lessor and the lessee from the perspective of Iraqi law and Iranian law, in addition to Imami jurisprudence. The research begins with defining the lease contract and its economic and social importance, with a review of the main characteristics that distinguish this contract in each of the two legal systems mentioned. The research also discusses in detail the obligations of the lessor, which include providing the leased property in a condition suitable for use, maintaining it throughout the lease period, and ensuring the right of the lessee to benefit from the property without obstacles. The research also addresses the duties imposed on the lessee, such as paying the rent on the specified dates, maintaining the condition of the leased property, and not using it for illegal purposes. Moreover, the research compares the relevant legal articles in Iraqi and Iranian laws, in addition to the jurisprudential opinions in Imami jurisprudence, which shows the similarities and differences between the systems. The research highlights the challenges that the parties may face when implementing these obligations, proposes mechanisms to address potential disputes, and concludes the research with recommendations to improve the legal framework related to the lease contract, which contributes to protecting the rights of both parties and enhancing confidence in rental transactions.