Feasibility of Legal Entity Endowment Ownership of the Endowed with an Approach to Imam Khomeini

According to Article 3 of the establishment and the powers of Haj and Endowments and Charity Affairs Organization, endowed property does not cease to property insurancebut after the dedication it is the legal entity endowment which is considered the owner and just the endowments property have the right to exploit it. This new theory provided by legislator is derived from a number of scholars believe that the transfer of ownership endowment is only to God and others including Imam Khomeini had the endowment without its ownership. These two viewpoints, have provided the background formation of theory. The present study is to investigate the background of the provider of this theory, requirements for proving this theory and barriers to scrutinize it. The authors believe that no only these two viewpoints are improbable as background provider of theory for owned legal person but by supporting this theory, it has two obstacles: first in spite of the fact that Imam Khomeini’s issues about rejecting the famous theory of scholars indicating transferring of ownership to endowment property are acceptable, but other reasoning should also be taken into consideration and also it is not possible to accept concubine according to dedicated contract theory.