نوع مقاله : مقاله پژوهشی
1 استادیارگروه حقوق، دانشگاه آزاد اسلامی واحد خرم آباد، خرمآباد، ایران
2 دانشجوی دکتری حقوق خصوصی، گروه حقوق، دانشگاه آزاد اسلامی واحد خرمآباد، خرمآباد، ایران (نویسنده مسئول)
عنوان مقاله [English]
The purpose of this article is to examine the condition of the absolute guarantee of the tenant in maintaining the same tenant in Imami jurisprudence and civil law of Iran, which has been analyzed in a library method. The condition of tenant guarantee is a common point in rental contracts today, which has been discussed and studied in depth in jurisprudential texts. Article 493 of the Civil Code "The tenant is not a guarantor of the same tenant, which means that he will not be liable if the same tenant is lost in whole or in part without his misappropriation or abuse." This article, in fact, states the non-guarantee of the tenant in case of non-encroachment or misconduct of the tenant and does not make any reference to the status of the lease and the condition of the time condition by the landlord and the tenant in the lease contract. It should be said that the Iranian civil law has been silent in this regard, but in jurisprudential books this issue has usually discussed in detail, now an important question is facing us, and if the lease stipulates in any case If damage is caused to the same tenant, the tenant will be responsible for paying the damages. Such a condition is valid or doomed to invalidity in terms of jurisprudence and civil law of Iran. A group of jurists believe in the invalidity of such a condition with their arguments, and another group of jurists believe in it’s validity by mentioning some reasons. However, in this article, we have examined the views of the opponents and those who agree with the inclusion of the guarantee condition in the lease contract.