Investigating the extension of edict of Article 1 of the law of structure and authority of endowment organization to endowed property of Zoroastrian of Iran

According to judicial texts and civil law, after creating the endowment, observing the view and aim of benefactor is the priority in managing the endowed property. One of conditions is seen in deed for an endowment of religious minority of Zoroastrian in Iran is that benefactor has made a condition that “ if trustee apostates Zoroaster religion , he/she will be deposed from trusteeship” ; accordingly, if Zoroastrian trustees leave each condition mentioned by benefactor , they will automatically be deposed from the trusteeship according to Article 80 of civil law. As a result, the endowed property will be without trustee. However, if the benefactor, while creating the endowment contract, has determined a solution, this solution should be followed according to Article 75 of civil law. Otherwise, the edict of issue will be subject to the first clause of Article 1 of structure and authority law of endowment organization and this organization is responsible for managing the endowed property, because ,according to Art 1 of structure and authority law of this organization , responsibility of some endowed properties is undertaken by this organization and this duty is not limited to Muslim’s endowed property. It must be noted that the 12th principle of the constitution of Islamic Republic of Iran (I.R.I) indicates that religious minority follows their religious regulations in their personally issues and this does not include the endowment; and consequently, according to Article 5 of civil law, Zimmi (non- muslim subject living in a muslim country) follow the Islamic Republic of Iran’s law in rules of endowment contract.