mohammad hassan imamverdi

One of the disputes between the endowed property tenants and Organization of Endowments and Charities affairs is in creating a Key money right of that endowed property to such tenants on the one hand and demonstration of business and trade right On the other hand. Resolving this dispute requires examining the meaning of Key money and its rulings and types in comparison to the concept of business and trade right. Key money at first meant the money that the tenant paid to the lessor at the beginning of the lease, but after the introduction of the concept of business and trade right from the foreign rights it was also used for the concept of late. But the legislator, with the approval of the tenant and lessor relations Act of 1376, explained the Key money in its first concept. Studying of Jurisprudential and legal texts also indicates that Key money has many types such as Key money creatable, transferable and waiver. In a Key money can be created, payment of Key money right by the tenant creates a Key money right for the tenant and that right is transferable to other people as well. In a transferable Key money the tenant has an ownership right on the interests and if he has not been deprived of his right to transfer, he may transfer that right to another person for a sum of money. But in a waiver Key money the tenant with the waiving of his tenancy rights receives a sum as Key money.

One of the main disputies between the country's endowments and the national land resources in determining the property of the endowments is relates to those lands located near the national resources and the natural Resources organization, in selling the endowment to individuals, believes that the property discussed is within the scope of the national resources and is outside the scope of exclusion of individuals. In the competent authority on determining and distinguishing the national lands from the exclusion of individuals within the city and its legal area and how to determine the dispute resolution authority between the endowed property and national Land resources, reviewing legal texts and relevant laws, states that determination and identification of national resources and their exclusions is responsible for Ministry of Agriculture Jihad. Also the investigation authority to land dispute in any situation is with the commission of single article of determine the status of the disputed lands on the subject of the implementation of Article 56 of the law of forests and rangeland approved on date 22/6/1367. This commission is recognized in each city under the auspices of the Ministry of Agriculture and attended by at least 5 people of the seven people and after the statement of the expert opinion of the commission, the judge, a member of the single article committee will issue the final vote documentary and reasoning.

With the destruction and reconstruction of the endowed properties in the assumption of the assignment of an endowment surface with the right of possession of the substances to the tenants and inclusion of the comprehensive urban plan for that endowed property, the extent of municipal responsibility for implementing the above plan towards the tenants of the endowment on the one hand and how the responsibility of those possessors towards the organization of endowments on the other hand is raised which should be done for solving such issues by studying the relevant laws and regulations. It should be noted that municipalities are obliged to implement plans drawn up by urban supreme authorities but the implementation of these plans should not be in conflict with the right of ownership of individuals. Therefore, the review of the statutes states that the municipalities are responsible for taking possession of the lands of the endowment and are obliged to pay the price to the day's justly value except in cases where the endowments are applying for entrance into the area of municipal services and the municipalities subordinate agreeing with this request to free acquire part of that lands. Regarding the responsibility of tenants of endowments in the assumption of damages to those endowments can also be said that the organization of endowments can take legal action against a tenant who has occupied with the proving of civil liability.

If governmental organizations are one of the two parties of judicial record at the judicial authorities, and after hearing, a definitive ruling on his conviction is issued, these organizations are required to execute the verdict. Also in cases where those organizations are not parties to the dispute but enforcement of judgment is their authority and duties, they are required to perform their legal and judicial assignments by order of the court. Regarding to the responsibility of natural resource  epartments to enforcement of judgments, it must be said that whenever beneficiaries in accordance with relevant laws and regulations to object to the opposing party of aforesaid departments to recognize the nationality of the lands and according to the vote casting of the competent authority, has been issued the ruling to abolish of the nationality of those lands, natural resource departments as a losing party are required to execute the verdict of the competent authority. Accordingly, it can be said those national lands that have been endowed without reclamation are not considered as an endowment but those lands that have been reclaimed and endowed and also those national lands which are located in the domain of endowments is considered as an endowment and are not part of national resources.

The legislature in Article 9 of dispute settlement council law has specified inclusion of the competency of these councils by mentioning some actions. Following to this article, this council has authority and competence to investigate the movable actions of endowments against others or vice versa up to 200 million Rials and also cases like as actions of eviction and modification of rent, but Article 10 of this law has excluded the actions related to public property from the competence of these councils. Consequently, if endowed properties are among public properties, these council do not have competence to investigate these actions. It is said that public endowed properties are not considered as public properties because these endowed properties , unlike public property , have special owner and they are used on the basis of view of benefactor. Also, mentioned endowments are managed by trustee that appointed by benefactor or spiritual leader and it is possible to confiscate ( seize) them and referring to judgment and peace is based on the view of trustee and confirmation of head of endowment organization. Hence,  according to Article 9, these councils have the authority and competence to investigate the actions of endowed properties on the basis of specified framework, except in actions related to base of endowment and trusteeship that according to clause (B) of Article 10, the law is discussed, they do not have competence to investigate those actions even by agreement of parties.

Legislator has proposed the purchase of assignable property or lands from governmental and public organizations in bill on How to Buy and Own Land and Real Estate for the Implementation of Public, Developmental and Military Programs ratified in 06/02/1980, and article of determining the condition of lands located in governmental and municipal plans ratified in 20/11/1988. However, investigating mentioned laws and other ones can reveal the percent of endowment portion of lands transferred to legal personal (persona ficta) and real person (persona
moralis) providing the land is located in municipal development plans and so on. It is mentionable that if endowed lands are located in public and civil plans and payments should be paid to endowed lessee ,the endowed portion will be determined by the board of selected experts on the basis of separating from other financial law of lands. If there is no agreement between parties, the value of their rights should be separately determined. If it is possibility for parties to agree, the issue shall be referred to authorized expects to evaluate and perform in
terms of it ,since endowment managers are obliged to observe the aim and advantage of fee tail .