Priority of tenant's goodwill over eviction in Iranian, Islamic and French law

Abstract

In accordance with the law of landlord and tenant relations approved in 1997, when the lease term expires, the tenant receives the goodwill right to discharge and the landlord is required to pay the goodwill. But the law does not explicitly specify which of these assignments is prior to the other.The prioritization of goodwill towards discharging is a problem that will affect the tenant's capital to sustain the acquisition of a new location.There is a controversy among lawyers in response to the question. Some property evacuation is subject to a goodwill replacement, while another group considers the need to discharge before receiving this amount. In this descriptive and interpretive essay, in addition to explaining various views on the issue in Iranian law, this article attempts to explain the idea that goodwill is preceded by eviction and is ultimately strengthened by the study of Islamic and French law. This will help resolve the ambiguity that the courts have in this regard.