Jurisprudencial and Legal Pitfalls of The Letter of Endowment (Case Study of the Impact of Endower’s Fallacious Intention in a Selected Letter of Endowment)

One of the problems of the letters of endowment which have not been drawn up thoroughly is the conflict arising from the intention of the endower in respect of selling the subject of endowed property while it is endowed. In the case investigated here, the endower endows some plots of his properties at the beginning of the letter of endowment, and in the ensuing content of the letter he expresses his intention of the endowment as having some of the mentioned plots sold and a hospital be constructed within the remaining parts with the acquired money. On the one hand, it is impossible to sell the endowed plots according to the jurisprudence and regulations, and on the other side, if there is a will to fulfill the intention of the endower, the laws are to be disregarded and the plots must be sold in order to perform the intention of the endower. This article is going to contrast and analyze the conflict arisen from this case with an explanatory and analytical method from the vantage point of law and jurisprudence, and to suggest the necessary solutions for the resolution of the conflict. One of the suggested outcomes of the research is to invest other endowed properties of the endower or other people in this endowed property and solve the problem through bringing capital from an endowed property to another one and through their conglomeration of interests. Also, making inquiry from the esteemed Marja's and drawing upon the concept of endowing the interests accrued to the property could be other solutions for this case..