Legal Review of endowments transfer
DOI:
https://doi.org/10.24200/jsshr.vol5iss01pp49-53Abstract
The endowment is the Islamic tradition, according to which, the original property, or its interests will be given as a gift for the public service for the good and pleasing to God. The Iranian Civil Code has received the issues relating to endowment from the Shiite resources. One of the major challenges in endowment property is the permit or not to permit to transfer it. In this paper, this important matter has been examined from three perspectives of rentals, sales and becoming the best. Methodology: The principle is that, the endowment property cannot be sold, except in special circumstances, such as in the event of endowment property damage, fear of the deterioration of the property, to the extent that, there is no possibility of restructuring (Article 88 BC). In addition, when the difference between the beneficiaries of the endowment will be so serious that there is a likelihood of bloodshed (Article 349 BC), the property can be sold. Results: Also, some of the rules and principles that govern the lease, include being exchanged (not free) (Article 490 BC and Article 11 of the Executive Regulations of Religious Endowments), having time (Article 468 BC and paragraph (d) Article 11 of the executive regulations of religious endowments and paragraph 2 of Article 32 of the amended executive regulations), attracting the attention of experts (top Article 11 of the executive regulations of endowment), auction (paragraph 3 of Article 32 of the Regulations Act of endowment), receiving rent with today fair rate (Paragraph 'h' Article 11 of the executive regulations of endowment) and set a formal lease (paragraph "g" of Article 11 of the executive regulations of endowment). Conclusion: By assuming to prepare to sell the same Endowment, due to the conditions stipulated in the laws and regulations of the Endowment, in the consumption of price and the proceeds from the sale and the sale of endowment, we must act according to the law, that operates in this manner is usually "become the best" (Art. 90 BC).References
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