Volume 8, Issue 3 (2004)                   CLR 2004, 8(3): 153-179 | Back to browse issues page

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Enjavi Nezhad1 S M, Emami M. Changes in the Legislation of Endowment Sale and It’s Principles. CLR 2004; 8 (3) :153-179
URL: http://clr.modares.ac.ir/article-20-5866-en.html
1- Assistant Professor, Faculty of Law, Shiraz University, Shiraz, Iran
Abstract:   (6700 Views)
Seyyed Mehdi Enjavi Nezhad Assistant Professor, Faculty of Law, Shiraz University   Mohammad Emami Assistant Professor, Faculty of Law, Shiraz University    Pious endowment, as a behavior that makes possible the continuity of charity has been common among various nations from long ago; however, in Islam because of the emphasis of the Holy Quran and the Muslims' care on charity affairs, it has got a more significant place, in the manner that it is discussed and scrutinized by the jurists and it's various dimensions have been taken under the juristically rules and principles. Compiling the Civil Law and allocating the articles No. 55 to 91 to it, endowment is formed as a legal foundation subject, and through the establishment of "Endowment Organization", it would be controlled by the government and Law. Expansion of the government activities in affairs such as adopting policies toward restricting the private ownership due to the fulfillment of various purposes has led to the compiling of laws that contain endowment cases, the most important of which is supervising the sale of ensoment properties and changing them to the better. In this article, the process of changes in law has been surveyed and the principles of endowment sale and changing to the better bas been clearly explained. In addition, considering the interests of endowment, the way for optimum use of endowment in the framework of full filling the real purpose of those who do it, would be prepared and the way for compiling suitable laws in this case would be paved.
     

Received: 2004/02/29 | Accepted: 2004/09/15 | Published: 2004/10/22

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