AN ANALYSIS TO THE MANNER OF RELATIONSHIP BETWEEN THE ENDOWED PROPERTY AND THE ENDOWER AND ITS CONSEQUENCES, BEFORE AND AFTER THE LAPSE OF ENDOWMENT, IN THE IRANIAN CIVIL LAW

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GHOLIZADEH AHAD

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Journal: MAQALAT WA BARRASIHA Year:2008 | Volume:41 | Issue:89 (FIQH AND THE FUNDAMENTS OF ISLAMIC JURISPRUENCE) Page(s): 99-119

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Title

AN ANALYSIS TO THE MANNER OF RELATIONSHIP BETWEEN THE ENDOWED PROPERTY AND THE ENDOWER AND ITS CONSEQUENCES, BEFORE AND AFTER THE LAPSE OF ENDOWMENT, IN THE IRANIAN CIVIL LAW

Author(s)

GHOLIZADEH AHAD | Issue Writer Certificate

Keywords

CIVIL CODEQ3

ENDING OF ENDOWMENTQ3

ENDOWMENT'S LEGAL ENTITYQ3

SALE OF ENDOWMENT SUBSTANCEQ3

CANCELLATION OF ENDOWMENT AND ITS TERMINATION BY MUTUAL CONSENTQ3

Abstract

Getting affected from variations existing among religious jurisprudence propositions concerning the nature and consequences of the endowment (waqf) has resulted in the outbreak of different understandings among the law professionals from the CIVIL CODE Articles containing the provisions for endowment. The relation between the substance of the endowed property to the endower (donor) and as a result possibility and impossibility of its return to him\her by ending of the endowment is one of the contradictory subjects. This study shows that despite opposing expressions of opinions, the CIVIL CODE has not accepted the disconnection of ownership by endowment from the owner. This ownership has also not been transferred to the beneficiaries or to the ENDOWMENT'S LEGAL ENTITY. As a result, the donor is allowed to bring about in the condition of endowed property changes, which are not contradictory to the beneficiaries' rights. Besides, legal entity for the endowment has been considered without enough care and probably it is adopted by imitation; therefore, its usage, rights and responsibilities are not clear. Lasting of the ownership for the donor, results in a situation in which whenever the endowment due to any ending cause ends, complete dominance to the substance of the endowment returns to the owner or his existing successors. This legal situation has also special consequences, in a way that in case there was a sharing between an endowed property with a property free of endowment, with the sale of [Tee property, the donor would acquire the preemption right on the sold property, and this point is not in contradiction with the CIVIL CODE.

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APA: Copy

GHOLIZADEH, AHAD. (2008). AN ANALYSIS TO THE MANNER OF RELATIONSHIP BETWEEN THE ENDOWED PROPERTY AND THE ENDOWER AND ITS CONSEQUENCES, BEFORE AND AFTER THE LAPSE OF ENDOWMENT, IN THE IRANIAN CIVIL LAW. MAQALAT WA BARRASIHA, 41(89 (FIQH AND THE FUNDAMENTS OF ISLAMIC JURISPRUENCE)), 99-119. SID. https://sid.ir/paper/13804/en

Vancouver: Copy

GHOLIZADEH AHAD. AN ANALYSIS TO THE MANNER OF RELATIONSHIP BETWEEN THE ENDOWED PROPERTY AND THE ENDOWER AND ITS CONSEQUENCES, BEFORE AND AFTER THE LAPSE OF ENDOWMENT, IN THE IRANIAN CIVIL LAW. MAQALAT WA BARRASIHA[Internet]. 2008;41(89 (FIQH AND THE FUNDAMENTS OF ISLAMIC JURISPRUENCE)):99-119. Available from: https://sid.ir/paper/13804/en

IEEE: Copy

AHAD GHOLIZADEH, “AN ANALYSIS TO THE MANNER OF RELATIONSHIP BETWEEN THE ENDOWED PROPERTY AND THE ENDOWER AND ITS CONSEQUENCES, BEFORE AND AFTER THE LAPSE OF ENDOWMENT, IN THE IRANIAN CIVIL LAW,” MAQALAT WA BARRASIHA, vol. 41, no. 89 (FIQH AND THE FUNDAMENTS OF ISLAMIC JURISPRUENCE), pp. 99–119, 2008, [Online]. Available: https://sid.ir/paper/13804/en

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