M.A. Thesis:

Juridical and legal review of goodwill and custom of a trade and business for devoted properties

The rules and regulations of the lease and the relations between the lessor and the tenant, especially in endowed property, are of relatively heavy and important issues in the field of jurisprudence and law. The view which has been generally confirms in the legislative period and the completion of these laws over the past 70 to 80 years, and the damage of each period. Moreover, in the area of renting the endowments, the analyzes of the other areas are negligible and if not exaggerated, it is as much as the numbers of fingers. In the light of this vacuum and the necessity of research in this field, in this study all the emphasis has been on the rental and goodwill, and the right of business in the endowed property by inspiring the rules, regulations, and the regulations of the lessor and tenant relations. In general, tenants of the endowed property are two categories. First, holders of acquired rights. Second, ordinary tenants with no acquired rights. The first category is the persons who are entitled to the right of goodwill and business in the lease of the endowed property and the lessor (Endowment Office) is obliged to renew the lease contract for the same occupation each year in such leases. However, the second category are tenants who lease an endowment property only for a period of two or three years and, after the expiry of the rental period, they will evacuate these places without any claims regarding goodwill and the right to business; Nevertheless, there is also the possibility of having this right with general and specific characteristics in the endowed property, as well as there is the possibility of creation and existence of goodwill, and the right to trade and business in the freehold and without the description of endowment. In general, there are similarities in goodwill and the right of business in endowed property and lack of endowment; such as the necessity of commercialization of the property of the goodwill, participation in obtaining more goodwill in a property with a suitable location, the passiveness of the deadline for the execution of the deportation order in the premise of paying goodwill in the law of the lessor and the tenant approved in 1997, participation in the acquisition of a 100% goodwill during the initial assignment of the goodwill subject as well as the differences and specific features, such as: the need to hold the tender and the transfer of the official document of the lease in the transfer of the goodwill of the endowed property, transferring to non and applying organizations similar to ownership right in the goodwill of the endowment, and exemption from the first category of inheritance from the acceptance of the transfer and payment of 3% of the goodwill at the assumption of a change of occupation, which is a specific for lease, goodwill, and the right to business and trade in the endowed property.

Keywords: Juridical and legal review - goodwill - custom of a trade business - devoted properties