FY 2012/2013 Research Topic: C-18
The Impact of Legal Reform on the Shop-lease Contract with Sar-qofli following the Iranian/Islamic Revolution
In modern-day Iran there exists a lease contract form called the “shop-lease contract with sar-qofli”, which is peculiar to commercial districts. In this contract, which gives the hirer a strong usufructuary right that is supported by intangible property in business such as the shop’s reputation, the ownership of the lessor is considerably restricted in fact. The “shop-lease contract with sar-qofli” originally resulted from a fusion of the “goodwill” value concept, which was brought into Iran by an American financial advisor in 1943, and the traditional customs in Iran’s business quarters. After the 1979 Revolution, the Law of Lessors-Hirers Relationships, which gives a legal framework to the “shop-lease contract with sar-qofli” system, was amended by Islamic jurists and the Ministry of Justice who regarded it as being problematic. This removed the legal cultural inconsistency between Islamic Law and Modern Western Law that existed in the said law. These amendments made it easier for shop lessors to choose lease contract forms other than “shop-lease contract with sar-qofli”; although this type of contract is already an established system and remains the most popular lease contract form in Iran’s real estate lease market. This project will examine the impact of disparity between Islamic Law and Modern Western Law on real society with a concrete example, namely the laws relevant to real estate leases in Iran.
April 2012 - February 2013
Members of the Research Project
|[ Organizer ]||IWASAKI Yoko|
- Publish with an appropriate academic journal.