نوع مقاله : مقاله پژوهشی
1 کارشناس ارشد حقوق خصوصی دانشگاه علوم قضایی و خدمات اداری
2 استادیار دانشگاه علوم قضایی و خدمات اداری
عنوان مقاله [English]
A will for waqf (Arabic: الوقف endowment of property) as one of the “wills” and legal acts which has been suspended to the death of a person has been paid attention to by the jurists and law scholars. But the nature of such will has been constantly disputed and they do not believe that there is no reconciliation between it and the wills of promissory (ahdi) and transfer of ownership (tamliki) but they think that because in the case of “a will” for waqf, transferring of ownership in relation to the testator’s property is occurred this category of “will” is placed under the third category i.e. a will for disposing off the property and besides “wills” such as a will for manumission (freeing slaves or a release from slavery) and ibra' (Arabic: ابراء waiver on the right of claim). But observing the present regulations in the two legal systems of Iran and Egypt, a will for waqf is counted as one of the instances of tamiliki wills. According to this type of will waqf for a property is enforceable just in the case of creation (making) of a will and without the need for an independent creation by the legatee (Arabic: موصی له al-mūṣā lahu) or legatees. In respect of being the legal entity in waqf assets (Arabic: موقوفة) in Iranian and Egyptian legal systems resulting independent assets, competence and the capacity of rights and duties for legal persons, as just the death of the legatee the asset itself extracts from his possessing -owning property- and transfer to the possessing of the legal person of waqf assets; therefore, a will for waqf with regard of transfer of ownership of testator’s property to the legal person of waqf assets is counted of a will of the transfer of ownership (tamliki).