نوع مقاله : مقاله پژوهشی
نویسندگان
1 استاد حقوق خصوصی دانشکده حقوق. پردیس فارابی دانشگاه تهران
2 دانشجوی دکتری حقوق خصوصی پردیس فارابی دانشگاه تهران
چکیده
عنوان مقاله [English]
نویسندگان [English]
Considering that receiving a sum under the title of underwriting in endowment properties has become common by the trustees, the main issue is on what jurisprudential and legal basis this amount can be justified and what is its status? In this article, which first described the underwriting in a descriptive and analytical method and then analyzed it based on the purpose of the donor (founder of an endowment) and the benefits of the beneficiaries, it was proved that receiving the underwriting, if it is in accordance with the purpose of the donor (founder of an endowment) and the benefit of the beneficiaries, is legal and lawful that in this situation, like the endowed object, must be spent for the benefit of the whole beneficiaries. In terms of function, the payment of the dowry by the tenants of the endowment property is considered as a consideration (replacement) for the possession in the object of endowment, because the tenants are entitled to the construction of the building on the endowment land by paying the underwriting.
کلیدواژهها [English]
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