FETTERED RETURNABILITY OF ENDOWMENT IN JURISPRUDENCE AND IRANIAN LEGAL SYSTEM

Fettered Returnability of Endowment in Jurisprudence and Iranian Legal System

Fettered Returnability of Endowment in Jurisprudence and Iranian Legal System

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One of the most controversial topics in Endowment is stipulation of termination clause and dissolving condition fettered by "generation of endower subsequent need to endowed property" within it.It is provided in 61 civil law article: [endower cannot revoke the Endowmen] and generate this ambiguity Candies that does this not- permitted returnability include stipulation of termination clause and dissolving condition fettered by "generation of endower subsequent need to endowed property" within Endowment? This important issue is remained silent in civil law and caused judge confusion in reaching of correct verdict and law scientists in approaching precise analysis, in addition there are dissentions between Islamic consults in this topic.Accordingly a comprehensive essay in this field is needed.it is considered Collections that stipulation of termination clause and dissolving condition within Endowment does not confront with any obstacle and in addition to criticism of dissenter reasons about such stipulation in Endowment, reasons of accordants will be implied.

The method which is applied in this essay is method based on analysis and In order to approach to this purpose, information collection method will be in library (Documents study).

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