فصلنامه وقف میراث جاویدان
پیاپی 97-98 (بهار و تابستان 1396)

Endowments of monarchs and their relatives are correct and effective in cases that there is certain knowledge or juridical circumstantial evidence that the endowed property or land has been their personal properties or public and governmental properties that they are legally permitted to endow. These endowments are validated by the permission of supreme leader in some cases. In cases in which there is certain knowledge or juridical circumstantial evidence which personal properties or public and governmental ones are endowed , the endowment is unauthorized
and its authority is based on the following permission of ownership or supreme leader. In doubtful cases, it has been considered correct and authorized by citation for reasons as principle of authenticity and Prior possession. Accordingly, confiscation of mentioned endowments is lack of legitimacy in cases which are considered authorized. These endowments are not invalidated and canceled by destructing and over time.

Trusteeship of endowed property means its charge so that it is managed and beneficiaries benefits from it. However, trustee of endowed property is one who is appointed by owner or on the basis of law regulations and manages endowed properties on the specified way. The performance and action of trustee should be based on the view of benefactor or law regulations. Benefactor can be the trustee of endowed property or appoint other one temporarily or constantly. If the benefactor does not determine how the endowed property is managed, it is managed on the basis of beneficiaries will or law regulations. Trusteeship of endowed property can be divided into limited (finite) and unlimited (infinite) in time and authority and into independent, social or integrated in position of several trustees. In trusteeship with independent method, trustees of endowed property independently deal with trusteeship of endowed property while, in social or integrated trusteeship, the decision of each trustee is related to others. Resignation of trusteeship is forbidden unless the benefactor allows it, but it is possible to appoint a proxy to manage the endowed property.

Legislator has proposed the purchase of assignable property or lands from governmental and public organizations in bill on How to Buy and Own Land and Real Estate for the Implementation of Public, Developmental and Military Programs ratified in 06/02/1980, and article of determining the condition of lands located in governmental and municipal plans ratified in 20/11/1988. However, investigating mentioned laws and other ones can reveal the percent of endowment portion of lands transferred to legal personal (persona ficta) and real person (persona
moralis) providing the land is located in municipal development plans and so on. It is mentionable that if endowed lands are located in public and civil plans and payments should be paid to endowed lessee ,the endowed portion will be determined by the board of selected experts on the basis of separating from other financial law of lands. If there is no agreement between parties, the value of their rights should be separately determined. If it is possibility for parties to agree, the issue shall be referred to authorized expects to evaluate and perform in
terms of it ,since endowment managers are obliged to observe the aim and advantage of fee tail .

One of the endowment conditions on which the establishment of this institute is based and accepted by jurists is the prehension of endowed property by beneficiaries or their proxies. Also, the legislator has asserted this issue in article  59 of civil law. Now, the question is:” can the registration of endowed property in notary office realize the mentioned condition?” Answer to this question is depending on the explanation of prehension nature.From the view of jurists, prehension has not one concept and will have different meaning on the basis of endowed property to be movable or immovable. Prehension of immovable property means that the previous use of the property should be stopped and prehension of movable property means that it should be reposed. However, in prehension of immovable property , the endowed property should be evicted by benefactor and available obstacles must be removed. Realizing the prehension of movable property is that the property should be reposed to beneficiaries or their legal proxies. Accordingly, registering endowed property in notary offices is not related to prehension and does not cause it to be realized.

Deeds of endowment are mention documents of the social, political, economic and religious conditions of societies in different historical periods. Meanwhile, deed of endowment of schools are important due to their cultural and educational approaches. Additional to containing valuable information about educational system of Iran in previous centuries, these documents play important role in studying social history. Deed of endowment of Imamieh school of Shiraz related to Safavi reign is one of them. The benefactor of school, Imam Verdi Beig , who is the governor
general of Fars endowed the school to teachers and learners in this school after constructing it in 1683 .To provide its different costs , he endowed several surrounding lands with free water located in Shiraz to the school. By case study of this deed of endowment which contain important points on managing schools , condition of employing teacher and acceptance of students, educational materials, number of personnel and their duties , educational condition, endowed lands with water and its use , scheme of Iranian educational system in Safavi reign can be obtained.