the comparative study of changes in management of explicitly determined endowments in the legal system of Iran and Iraq

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Sarraf Sadeghi Abbas; PARSAPOOR MOHAMMAD BAGHER; SAHEB TAYEBEH

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Journal: Comparative Law Researches Year:2019 | Volume:23 | Issue:2 (104) Page(s): 109-133

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Information Journal Paper

Title

the comparative study of changes in management of explicitly determined endowments in the legal system of Iran and Iraq

Author(s)

Sarraf Sadeghi Abbas | PARSAPOOR MOHAMMAD BAGHER | SAHEB TAYEBEH | Issue Writer Certificate

Keywords

explicitly determined custodianQ1

Iraq lawsQ1

trustee addedQ1

change of custodianshipQ2

endowmentQ1

Abstract

Currently, in Iran's legal system, the will of the endower has a crucial role in determining the custodian of the endowment, and the Articles 61 and 75 of the Civil Code assert that no one has the right to change or restrict the power of the explicitly determined custodian, and even in the case of treason the custodian, respecting the will of the endower, the legislator according to the Article 79 of the Civil Code foreseen to add a trustee to the custodian. However, in the legal system of Iraq, the expedient of the endowment and its beneficiaries is preferable to the will of the endower and, in accordance with the Article 19 of the Nezam Al-Motevallin if the actions of the custodian are in contradiction with the material of the endowment and its beneficiaries, due to breach of trust, the privilege of the endowment is dismissed. The results of the study of documents, laws and regulations, and the analysis of the text and content indicate that the approach of the Iraqi legal system that opts for the change of the explicitly determined custodian for the expedient of endowment and its beneficiaries has more positive effects compared with the legal system of Iran while emphasize on to keep the explicitly determined custodian for the respect of the will of the endower.

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APA: Copy

Sarraf Sadeghi, Abbas, PARSAPOOR, MOHAMMAD BAGHER, & SAHEB, TAYEBEH. (2019). the comparative study of changes in management of explicitly determined endowments in the legal system of Iran and Iraq. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), 23(2 (104) ), 109-133. SID. https://sid.ir/paper/362006/en

Vancouver: Copy

Sarraf Sadeghi Abbas, PARSAPOOR MOHAMMAD BAGHER, SAHEB TAYEBEH. the comparative study of changes in management of explicitly determined endowments in the legal system of Iran and Iraq. COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES)[Internet]. 2019;23(2 (104) ):109-133. Available from: https://sid.ir/paper/362006/en

IEEE: Copy

Abbas Sarraf Sadeghi, MOHAMMAD BAGHER PARSAPOOR, and TAYEBEH SAHEB, “the comparative study of changes in management of explicitly determined endowments in the legal system of Iran and Iraq,” COMPARATIVE LAW RESEARCHES (MODARES HUMAN SCIENCES), vol. 23, no. 2 (104) , pp. 109–133, 2019, [Online]. Available: https://sid.ir/paper/362006/en

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