اجرت در فسخ اجاره ( بررسی نظرات علمای فقه از سیدمحمد کاظم طباطبایی تا امام خمینی(س))

Although in accordance with the general rules of contracts, the effect of abrogation relates to future, the lease contract has certain characteristics, which do not lend it to this rule. hence, if the contract of lease is abrogated in the midway, there are differences of opinion about the effect of abrogation. some argue that the effect of abrogation applies only to the remaining period of the lease and the pre-abrogation period remains intact; while others argue that abrogation applies to the entire term and it is abrogated from the beginning of the contract, is rendered null and void and consequently the entire rental is returned to the original owner. there are three viewpoints about this issue in jurisprudence. imam khomeini’s viewpoint mentioned in his book tahrir ul wasilah, plus another rule that applies to the loser, is the acceptable one which is discussed in this paper.