1
Associate Professor, Tehran University (Qom Campus)
2
Assistant Professor, Tehran University (Qom Campus
Abstract
According to the Article of civil law and “Fogaha’s” (Jurisprudence) viewpoints, if an endower has appointed as a responsible and he has accepted it too, he can manage it as “Motavally-e Mansoos” (specified custodian) in the limitation that endower has determined, provided that his acts are not against the statute. Generally, if an endowment doesn’t have any specific manager according to Article 81 of civil law, and an article of law of “Owgaf”, then the leader of Islamic country (“Valiy-e Fagih”) should take all responsibility. But there are some disagreements in jurisprudence about managing endowment. This paper is to explain some various ideas of jurisprudents regarding assigning the responsibility of general endowment to those who do not have any advantages under the “Valiy-e Fagih’s” management. The paper is also to suggest that some rules should be developed in order to have legal guaranties about acts of management.
Adibi-Mehr, M., & Rahmani, H. (2015). Analyzing of Legal Principles of the Method of
Custodianship about legacy with give attention to the civil
Law and the Law of “Owgaf”. Jurisprudence and Islamic Law, 5(9), 1-24.
MLA
Mohammad Adibi-Mehr; Hamed Rahmani. "Analyzing of Legal Principles of the Method of
Custodianship about legacy with give attention to the civil
Law and the Law of “Owgaf”". Jurisprudence and Islamic Law, 5, 9, 2015, 1-24.
HARVARD
Adibi-Mehr, M., Rahmani, H. (2015). 'Analyzing of Legal Principles of the Method of
Custodianship about legacy with give attention to the civil
Law and the Law of “Owgaf”', Jurisprudence and Islamic Law, 5(9), pp. 1-24.
VANCOUVER
Adibi-Mehr, M., Rahmani, H. Analyzing of Legal Principles of the Method of
Custodianship about legacy with give attention to the civil
Law and the Law of “Owgaf”. Jurisprudence and Islamic Law, 2015; 5(9): 1-24.
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