عقد الإيجار- إلتزاماته واقتراناته في القانون السوداني

Abstract

Abstract The study is important because it sheds light on the statement of the nature of the lease contract, its origin, development and provisions in accordance with positive laws and the provisions of Islamic jurisprudence, and the importance of the study stems from the fact that it provides those interested, researchers and dealers with such contracts with legal conditioning, through which multiple images of this contract can be loved and the legal legitimacy The legitimacy of these contracts in a way that can clarify the matters of this relationship and contracts in front of all its parties, so the aim of this research is to: An attempt to uncover the problems that have arisen in the applications of the lease contract in general and the rights and obligations of the lessee in particular on the one hand, with an indication of the means available to the lessor in the event of a breach of the tenant's rights And his obligations on the other hand, such as compensation, eviction request, termination, or execution in kind, and accordingly, it can be clarified, and the legal effects resulting from the lease contract can be identified within the rights and obligations of the lessee as a binding contract for both parties. The researcher seeks to follow the descriptive, analytical and inductive approach. The study reached many results, the most important of which are: The lease contract is one of the necessary contracts, as was seen by Muslim jurists other than Judge Shirah, which is not unique to one of the two contracting parties to annul it, and annul the lease contract for general reasons such as dismissal, and special reasons such as death, which are different reasons among the scholars. The contracting parties may renew the lease contract by implicit renewal, which is the subject of an agreement between the civil laws and Islamic jurisprudence except in relation to the period of the new contract, the association of the lease with the sale of the leased thing at a symbolic price, and the connection of the lease with a promise of sale, and this image is correct, in addition to the association of the lease with a promise of gift, and this image correct. The study recommends the continuous review of leasing contracts and the treatment of their deficiencies. The competent authorities should take into account the rights of the lessor without prejudice to the rights of the lease holder, the necessity of enacting laws in accordance with the rules of Islamic jurisprudence, so that one of the parties does not oppress the other, while reviewing laws that are not compatible with the rules of Islamic jurisprudence And its fairness.