Study of the competence of dispute settlement councils to investigating the actions of public Endowments.

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.