https://mnh1.lu.ac.ir/ Modern Legal Studies en daily 1 Tue, 18 Jun 2024 00:00:00 +0330 Tue, 18 Jun 2024 00:00:00 +0330 https://mnh1.lu.ac.ir/article_713868.html Lease contract is one of the most used contracts and if this contract is related to commercial places, it will have a greater effect on the economy of the society. Goodwill and the right to acquire are among the rights that the lessee can have in relation to the commercial property, and identifying the conditions for creating these rights, in addition to helping to clarify the rights and duties of the lessor and the lessee, leads to the settlement of lawsuits in this regard. becomes special Various analyzes such as the commercial position of the property and the wishes of the parties regarding the cause of creating goodwill, the good reputation of the merchant and the legal ruling regarding the cause of creating the right of acquisition have been proposed. In this article, with a descriptive and interpretive method, an attempt has been made to analyze the reasons for the existence of such rights in the countries of England and France, while examining the opinions that are raised about the creation of goodwill and the right to acquire in Iran, and to present an opinion that According to it, the reason for the creation of goodwill and the right to acquire is different in the laws of Iran, England and France; In Iranian law, the will of the parties and the ruling of the law respectively lead to the creation of goodwill and the right to acquire, but the good reputation of the businessman in English law, the contract and the ruling of the law in French law can lead to the creation of similar institutions. https://mnh1.lu.ac.ir/article_713869.html One of the topics that is very Important in the legal and judicial system of countries is the issue of validating the issued votes and issuing correct votes from the judicial authorities. Consolidation of votes is one of the components of the efficiency of legal systems, and this doubles the importance of the issue.In our country, Iran and the ruling legal system, like many other countries, this issue is facing problems that will weaken the judicial system, and solving this challenge can be an important step towards the progress and efficiency of the legal and judicial system. In this article, focusing on the policies of the judicial system, we examine these factors and problems, and we present the necessary solutions to overcome this challenge. One of the most important factors of statism In the judicial system Is the lack of special attention to the quality of votes issued by court judges, and among the most important solutions is paying attention to the quality of votes and replacing qualitative review instead of quantitative review in the country's judicial system https://mnh1.lu.ac.ir/article_713870.html The civil law does not have much content about the attribute condition. A general rule about the attribute condition is mentioned in the definition that the condition is about the quality and quantity of the transaction. The correct division of terms is usually based on what is being composed. In the condition of the verb, a commitment is created. In the result condition, a result of legal actions is created. In the condition of the adjective, there is ambiguity about what is being composed. What is composed must have the authority to be composed. The condition of the adjective is not composed in a real and formative way. Color, quantity, quality cannot be composed. Due to the impossibility of composing an adjective, some believe that an adjective condition is not a condition at all and consider it a condition of the transaction, and some others consider an adjective condition to be a condition in the real sense that creates an obligation. Some jurists consider the attribute condition specific to the definite object and general in the definite, and some consider this condition to be fulfilled in all three types of definite object, general in the definite, and general in the definite. Such disagreements are a motivation to try to find an answer to the problem of what is the nature of the adjective condition with descriptive and analytical methods. And in which category of property can it be realized? to be In this research, the opinion that the condition of the attribute in the real sense causes the obligation and considers it to be specific to the property of the definite object and general in the definite has been accepted.