Investigating Exemption of the Organization of Endowments and Charities affairs to pay the costs of proceedings in endowment lawsuits

The cost of proceedings in the general meaning is included the price of the complaint form, the cost of petition, the cost of matching forms with their original, and also the cost of proceedings in a specific meaning. The cost of proceedings in particular meaning called to the expense of commandments and judgments. One of the disputed topics between the judicial authorities is the issue of the authority or the lack of authority is receiving the costs of proceedings in the endowment lawsuits. This disagreement is based on the encounter of note of Article 9 of the Law on the organization and Authority of the Organization of the Endowments and Charity affairs in the exemption of paying the costs of proceedings, registration and execution with the provisions of the Civil Procedure code based on the necessity to pay of proceedings fees. Hence the present paper in response to this question – Is it possible to receiving the above mentioned costs from the Endowment Organization? And is the received fee to be considered as part of the costs of proceedings? -  Believes that the necessity of paying the costs of proceedings in courts in accordance with Article 503 and paragraph 1 of Article 53 of the Civil Procedure code, is accepted as a general rule but the note to Article 9 of the endowments organization code has allocated the general rule to its scope. Therefore, according to that note, The Organization of the Endowment and Charity affairs and pious foundation and religious places are exempted to paying for any costs of proceeding and upon receipt, the costs are refundable.