ENDOWMENT AS A CLEAR EXAMPLE FOR GIVING POSSESSION UNILATERAL CONTRACT

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TABATABAEI MUHAMMAD SADEQ; PARNIYANJOY ADEL

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Paper Information

Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2014 | Volume:- | Issue:8 Page(s): 101-122

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Information Journal Paper

Title

ENDOWMENT AS A CLEAR EXAMPLE FOR GIVING POSSESSION UNILATERAL CONTRACT

Author(s)

TABATABAEI MUHAMMAD SADEQ | PARNIYANJOY ADEL | Issue Writer Certificate

Keywords

ENDOWMENTQ2

CONTRACTQ2

UNILATERAL CONTRACTQ1

OWNERSHIP OF THE ENDOWED PROPERTYQ2

GIVING POSSESSION UNILATERAL CONTRACTQ2

Abstract

ENDOWMENT is a good tradition that we can see not only in Islam but also in other divine religion. ENDOWMENT is one of legal actions that the Muslim lawyers have different opinion about its being a CONTRACT or a unilateral CONTRACT. Moreover, there is disagreement whether the taking possession is stipulation for its correctness or for its requirement. Some believe that the ENDOWMENT property belongs to God and some think that it belongs to the beneficiaries of trust. If acceptance and taking possession is not condition of the fulfillment of the ENDOWMENT and it belongs to the beneficiaries, we can regard the ENDOWMENT as an application for the giving unilateral CONTRACT. Referring to the views of jurists, it will be clear that not only the acceptance is not required, but the taking possession is regarded as the condition of the necessity of the ENDOWMENT. Therefore, assumes that the ownership of the ENDOWMENT transmit into God or the ENDOWMENT was the removal of the property, again the interests of the ENDOWMENT enter to the property of the beneficiaries of trust, even though the majority jurists believe that both property and interests belong to them. So it can be said that ENDOWMENT in nature is giving possession unilateral CONTRACT.

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APA: Copy

TABATABAEI, MUHAMMAD SADEQ, & PARNIYANJOY, ADEL. (2014). ENDOWMENT AS A CLEAR EXAMPLE FOR GIVING POSSESSION UNILATERAL CONTRACT. CIVIL JURISPRUDENCE DOCTRINES, -(8), 101-122. SID. https://sid.ir/paper/227184/en

Vancouver: Copy

TABATABAEI MUHAMMAD SADEQ, PARNIYANJOY ADEL. ENDOWMENT AS A CLEAR EXAMPLE FOR GIVING POSSESSION UNILATERAL CONTRACT. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2014;-(8):101-122. Available from: https://sid.ir/paper/227184/en

IEEE: Copy

MUHAMMAD SADEQ TABATABAEI, and ADEL PARNIYANJOY, “ENDOWMENT AS A CLEAR EXAMPLE FOR GIVING POSSESSION UNILATERAL CONTRACT,” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 8, pp. 101–122, 2014, [Online]. Available: https://sid.ir/paper/227184/en

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