Management of Special Endowments without Trustee

There is a disagreement on the management of specific endowments without a trustee. Some jurists, recognizing the ownership right for the beneficiaries, believe that the management of the endowment is an integral part of it and exclusive management of the endowment are with the beneficiaries. But most jurists in the last two centuries consider the rights of future beneficiaries as standard. They consider the administration of affairs that is related to all the beneficiaries, as the ruler’s authority. In the Iranian law, in the beginning, the first opinion was chosen. But later on, the second view came to the fore. However, the practical procedure of the Organization of the Endowments and the judicial process of the courts accept the first view and it has continued until now. Whereas, the second opinion and its basis are accepted in the new legislations. Therefore, it is necessary to change the practical and judicial procedure.