Cases Related To Binding Hiring Contract.

CR (386) Hiring or renting contract is binding, once formed it is not lawful to annul it except through mutual agreement or the party annulling may have the right of having the choice to do so. According to a more clear reason, a hiring deal by means of Mu'atat - give and take as opposed to formally and literally communicating offer and acceptance of the literal contract is also binding.

CR (387) If the owner decides to sell the substance or property he has rented or hired before the lease and time of the agreement ends, the hiring contract remains effective, the property is transferred, to the buyer without any profit until the lease or the time of hiring ends. If the buyer does not know about the lease or believes it is a shorter lease and finds it longer, he can annul the contract and he cannot demand compensation. When the contract is annulled the profits go to the seller.

CR (388) The CR stating that sale of the rented property does not affect the renting contract stands effective whether it is the tenant or someone else.

CR (389) If one sells a commodity to someone and his agent rents it for a certain time to another person and both deals take place at the same time the renting is void but not the sale but with no profit during the time for which the commodity is rented. This gives the buyer the right of having the choice to annul the contract if he so may choose.

CR (390) The renting contract or the lease stands effective, although one or both parties, tenant and landlord may die, like even if one rents a house for himself and dies after it.

CR (391) If one hires himself to personally do a certain job and he dies within a time less than enough to perform the work, the hiring contract is void.

CR (392) If a previous generation of the beneficiaries rents out a certain endowed property, who themselves vanish before the expiration of the lease, the lease also becomes void. If such generation rents it out as supervisors of the property to safeguard the interests of all the beneficiaries, in this case, the renting contract stands valid even if that generation would also vanish.

CR (393) If one hires himself to perform a certain work without any condition of doing it personally, such contract stands valid even if he dies within a time long enough for the job to be done or get done. It is necessary in this case to pay for that job from his legacy like other payable debts.

CR (394) If a guardian rents or hires out the property of a minor or makes the minor to work on hire such contract is valid without objection. If the duration of rent would be longer than the time that takes him to become a mature person, he has the choice to revoke the contract after his maturity, however, if not including the time after his maturity would be against the interests of the minor, in such case, according to Ihtiyat revoking the contract after his maturity is not permissible.

CR (395) If a woman hires herself to do a certain service for a certain time and within this time gets married; the hiring contract stands valid even if the job affects the conjugal rights of the husband.

CR (396) If she hires herself after marriage to perform a certain service the contract is effective and valid for only that portion of the service which does not affect the conjugal rights of the husband and for those parts which do affect such rights the contract's validity depends on the approval of the husband.

CR (397) If one finds some defect in the rented property, if he was aware of it during forming the contract, the defect has no effect on the contract, but if he was not aware of it, and if such defect affects the purpose of renting like losing profits like the damaged real properties, rent is void and the tenant can demand from the landlord compensation for his losses, and he can also annul the contract. This is only where no benefit at all can be achieved in any manner, otherwise, the tenant follows the rules of one's having the right of having the choice to revoke the deal because of defect in the merchandise. This is only when the substance is a specified one, if it is rather of a general nature and a defective piece is handed over, the tenant has the right to demand for one without defect but he can not revoke the deal, if a piece without defect cannot be given the tenant has then the choice to annul the deal.

CR (398) If the defect affects the profit the tenant has the right to annul the contract but cannot demand compensation. If the defect causes none of these, but only indicates that the rent must be lower in this case too, tenant has the right to annul the contract; if none of these exist there is no right of having the choice to annul the contract.

CR (399) If one finds out some defect in what is received as rent without his being aware of the defect, he has the right of having the choice to annul the contract, but he is not entitled to ask for compensation; if the rent is a commodity of a general nature and he receives a defective piece of a whole category, he does not have the right to annul the contract, he can, however, demand for a piece without defect and if such piece is not available, he can then annul the contract.

CR (400) All forms of the rights to annul a deal are applicable to hiring or renting deals except 1 and 2 which are the rights to annul the contract due to on-going session and the special form of right due to the sale of animals.