الرافدین للحقوق (Mar 2024)

A typical endowment argument: A case study

  • Mohammad Younis

DOI
https://doi.org/10.33899/arlj.2024.182498
Journal volume & issue
Vol. 25, no. 86
pp. 331 – 350

Abstract

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The endowment argument serves as the cornerstone for establishing the legal and regulatory framework governing endowments, aligning with the donor's intentions expressed in specified conditions. These conditions hold the weight of legal significance akin to statutory language. Amidst the review of various legal endowment arguments, we identified inconsistencies in wording, conditions, and other provisions.In response, a case study was undertaken to craft a paradigmatic endowment argument. This study delves into elucidating the legitimacy of endowments, outlining their foundational principles and conditions, elucidating their enforceability and necessity, exploring the ramifications arising from endowments, and examining the donor's conditions regarding disbursement types. Additionally, the study delves into the provisions governing the takeover of the endowment. This comprehensive approach aims to bring clarity and coherence to the landscape of legal endowment arguments.