Fettered Returnability of Endowment in Jurisprudence and Iranian Legal System

Sa&#039;adat Mostafavi, Seyyed Mostafa; Jafari, Ali Akbar

doi:10.30497/law.2017.2090

Fettered Returnability of Endowment in Jurisprudence and Iranian Legal System

Type : Research Article

Authors

10.30497/law.2017.2090

Abstract

One of the most controversial topics in endowment is the stipulation of a termination clause and dissolving condition fettered by “generation of the endower’s subsequent need for the endowed property” within it. It is provided in Article 61 of the Civil Law that “[the endower cannot revoke the endowment],” which generates ambiguity as to whether this non-permitted returnability includes the stipulation of a termination clause and dissolving condition fettered by the “generation of the endower’s subsequent need for the endowed property” within the endowment. This important issue is left unaddressed in civil law and has caused confusion among judges in reaching correct verdicts and among legal scholars in conducting precise analyses; in addition, there are disagreements among Islamic scholars on this topic. Accordingly, a comprehensive essay in this field is needed. It is considered that the stipulation of a termination clause and dissolving condition within an endowment does not face any legal obstacle, and in addition to criticizing the dissenting reasons against such stipulation in endowment, the arguments of those in favor will be presented. The method applied in this essay is an analytical one, and to achieve this purpose, information will be collected through library-based (documentary) research.

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