Investigation of possibility of realizing the prehension with registering the certificate
One of the endowment conditions on which the establishment of this institute is based and accepted by jurists is the prehension of endowed property by beneficiaries or their proxies. Also, the legislator has asserted this issue in article 59 of civil law. Now, the question is:” can the registration of endowed property in notary office realize the mentioned condition?” Answer to this question is depending on the explanation of prehension nature.From the view of jurists, prehension has not one concept and will have different meaning on the basis of endowed property to be movable or immovable. Prehension of immovable property means that the previous use of the property should be stopped and prehension of movable property means that it should be reposed. However, in prehension of immovable property , the endowed property should be evicted by benefactor and available obstacles must be removed. Realizing the prehension of movable property is that the property should be reposed to beneficiaries or their legal proxies. Accordingly, registering endowed property in notary offices is not related to prehension and does not cause it to be realized.
- حق عضویت دریافتی صرف حمایت از نشریات عضو و نگهداری، تکمیل و توسعه مگیران میشود.
- پرداخت حق اشتراک و دانلود مقالات اجازه بازنشر آن در سایر رسانههای چاپی و دیجیتال را به کاربر نمیدهد.