Abstract:
This study has overtaken the affection of the injunction of evacuation on the lease contract in a comparative study between
the Positive law and Islamic Fiqh on the light of Case law, these law cases had a big role at completing the Imperfection and fill the gaps at Legislation and clearing what the law has stabilize at
the courts work about the legal Injunction directed to the tenant vacates of the leased property, the impotency of this study comes from of the Lessor to give the tenant a written notice or Injunction in Case of his desire to end the contract, Such notice shall be elapsed prior to filing the lawsuit. The study aimed to inform the tenant of the new owner of the property that he bought, and also aimed to clarify the legal warning and know the effects.
The problem of the study was how to warn and prove it by the
parties to the contract. The study assumes that one of the effects of the eviction warning is the dissolution of the contractual bond between the two parties and the transformation of the lease after the end of its term into a legal lease that lasts for seven years.
The study also adopted the inductive, analytical and comparative approaches. The study reached a number of results and recommendations. The most important of these results:
The occurrence of this legal notice during the contractual lease
and it is true that the contractual lease ends and turns into legal
(judgmental) lease governed by the lease law in force, not the
previous agreement Accordingly, the lessee becomes a legal
tenant so that if he wants to stick to the renewal of the contract,
he must prove what he claims and when it becomes a lease and
the lessor wants to recover the leased property. He must give the
tenant a written warning of the eviction and spend six months to
file the eviction claim He must give the tenant a written warring
of the eviction and spend six months to file the eviction claim. The contractual and legal link between the lessor and the lessee in general ends.
