A Comparative Study of the Condition of Expelling Some of the Endowments in Iranian Law and Islamic Jurisprudence

As soon as the Foundation is made, the objective right that existed between the endowment and the endowment property disappears and the endowment property becomes the property of the endowment legal entity. Therefore, without doubt, the Foundation cannot make any seizure in the Foundation; for example, it cannot exclude some of the Foundation against them from the number of Foundation against them. The question arises as to whether the Foundation can retain the right to expel some of the Foundation against them at any time, provided that the Foundation is written on condition. The Civil Code has remained silent in response to the present question. Jurists and scholars disagree on the answer to this question. Some have considered this condition to be correct, and some believe that such a condition is invalid, and some have elaborated on the differences between the minor and the major. In the present study, which is based on a descriptive-analytical method, it has been concluded that if the condition for dismissal of some endowments against them is by providing a criterion that after the endowment, some endowments against each other are automatically dismissed, this condition is correct and whenever the provisions of the condition giving authority to the Foundation to expel some of the endowments is against them, such a condition is invalid and ineffective.