M.A. Thesis:

The success of the Plasco accident on the right to goodwill and the acquisition and trade of tenants

Relations between landlord and tenant One of the old issues in the lease of business and shoplift issues (goodwill), which has caused a lot of differences today. One problem is the right to business, trade and goodwill, but in the law there is a separate definition of them. The right to goodwill is for things such as floods, earthquakes, fires and coercive cases where tenant rights must be paid. The right to goodwill on the issue of the fire of the Plasco building is one of the controversial issues that lawyers have made on various points. But according to information obtained in this regard, and according to civil rights, the right of owner-occupiers of the plosco tenants will not be destroyed because of the devastation of the building. Tenants must pay the rent on the basis of their belief in the survival of their right to rent, so that they will not be forfeited by paying no rent. In accordance with Articles 483 and 496 of the Civil Code, the lease contract is canceled in the event of the loss of money, but according to the provisions of Articles 14 and 12 of the law of the lessor and the tenant, the terms of termination of the contract are fixed. In the event that the tenant's right is destroyed by virtue of the causes, the loss of his rights will not be lost, and the principle is based on the survival of the right. Since our main issue is the right to goodwill and the business and business of the tenants of Placcas, so the right to business and trade is not for them, and only the right of goodwill is acceptable to them. Now, given that the owner of the Plasco building is the Foundation of Mostazafan, is civil liability and compensation for these tenants with the foundation, or the municipality and the fire department have civil responsibility? There are different opinions in this regard, with each of them reviewing the most civil responsibility to the municipality of Tehran before destruction. The fire did not erupt in order to be rebuilt according to the fundamental principles of engineering. Therefore, the municipality is responsible for this incident and has to pay the tenants' rights to the flat and pay them tenants through the construction of a new building. The positive effect of the goodwill on the plesko incident is that it requires tenants to pay the rights of the municipality in accordance with goodwill rights. The research method in this dissertation is descriptive and analytical, which has been done using books, articles, journals and Internet sites.

Keywords: goodwill, business and property rights, landlord and tenant, civil liability, municipality, Mostazaf