A jurisprudential and legal reflection on the terms and conditions of endowment of shares of joint stock companies

Document Type : Original Article

Author

imam sadeq

10.22034/mfu.2024.141619.1442

Abstract

Abstract:
Article 55 of the Iranian Civil Code, according to the well-known Imamiyyah jurists, considers the endowment to be the imprisonment of the object and the limitation of its benefits. In other words, the stagnation on the word Ain excludes other properties such as shares of joint stock companies from the subject area of the Waqf contract. Despite these authors, through analysis and analysis of the reasons for the necessity of the endowment to be identical and explaining the nature of shares of joint stock companies as a privileged new property, they came to the conclusion that the aforementioned evidence does not absolutely negate the validity of the endowment of shares, but only The reasons for the invalidity of endowment are the managers' collateral shares, the shares of fixed-term companies and the shares for which the obligation to pay the remaining nominal amount has not been fulfilled.
Keywords: Article 55 of the Civil Code, Waqf, Ain, shares, joint stock companies

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