به آیینی و به سامانی:
درستی - سازش - شادی
نوع مقاله : مقاله پژوهشی
نویسنده
دکتری حقوق خصوصی دانشگاه تهران
کلیدواژهها
عنوان مقاله English
نویسنده English
The judgment no. 950997090100211 dated 10/26/2016 of the Third Chamber of the Supreme Court is noteworthy from two perspectives: first, from a procedural perspective, the appeal ability of a Court of Appeals judgment in cases where the dispute doesn't concern the validity of the endowment itself but is subsidiary to it, as eviction from endowment property, has always been subject to doubt. The Supreme Court’s review indicates that the judges of the Court deemed this objection invalid. Second, from the perspective of observing the applicable law, although according to the law, all endowments that have been sold or converted into private property without religious authorization return to their status as endowments, the possessor has priority over others in renting the endowment. If he refuses to renting within thirty days from the date of the Endowment Department letter, his right is forfeited and he will be evicted. Since the Endowment Department failed to fulfill such legal obligation, the appeal of that Department regarding the judgment issued by the Court of Appeals based on issuing a non-suit order for that Department's claim of eviction from the endowed asset has been rejected. This result is in accordance with the law and is approved.
کلیدواژهها English
