The Notion of Unilateral Possession in Jurisprudence and Law of Iran with a Special Reference to Imam Khomeini's Viewpoints

The will of one person to create ownership for another has always been a controversial issue among jurisprudents. Some of the jurisprudents maintain that the will of one person is so strong that he or she is entitled to make another person owner of his or her own property. At the same time there are jurisprudents who oppose this viewpoint. At the same time, some other issues such as endowment and will expand the scope of this controversy. Some jurisprudents consider these two institutions as unilateral possessions. Still there are other jurisprudents who maintain that on the basis of the rule of prohibition of forceful ownership and the principle of lack of guardianship, such ownerships are exceptional. Imam Khomeini advocates the latter viewpoint while considering will as something created by the testator but ownership of property is subject to the acceptance of the legatee. Although they consider endowment as stoppage, the precondition that taking and release makes it correct has made the conception of unilateral ownership of these two legal institutions difficult and hence they consider ownership on the basis of one person's will contrary to the freedom and ownership of the beneficiary.