The impact of Transfer of Ownership of The Leased Property on The Rights and Obligations of The tenant in Iraqi and Iranian law

Abstract

The research discusses a common case in society, which is the lessor-owner's disposal of the leased property and transferring its ownership to others during the validity of the lease contract. Due to the danger of this disposal to the lessee and others alike, the legislator regulated this process with legal controls that preserve the rights of its parties. The disposal that transfers ownership is a reason for creating a new contractual relationship established by the law away from the intervention of the will. This contractual relationship is revealed by obligating the new owner to the effects of the lease contract, as he turns into a lessor and all rights and obligations that were between the tenant and the old owner are transferred to him with the disposal that transfers ownership. The Iraqi legislator has regulated the provisions of this disposal in the texts of Articles (786, 787, 788) of the Civil Code No. 40 of 1951 as amended and the Real Estate Rental Law No. 87 of 1978 as amended. On the other hand, the Iranian legislator regulated the provisions of the transfer of ownership of the leased property in Article (498) of the law issued on 1307. He also regulated the provisions of the law on the relationship between owners and tenants in particular in three laws, namely Law (1376, 1362, 1356). The research seeks to explain how the legislator organizes this legal relationship and the extent of his success in achieving societal stability and maximizing economic resources through the tax system.