Investing Endowment Properties in Lease Contracts )A Jurisprudential Study Compared to the Law)

Abstract

The methods of investing endowment properties vary, and one of the most widespread and oldest of these methods is investing in lease contracts. Jurists have singled out these contracts with specific, precise provisions that achieve many goals for endowments, including:

• Preserving the endowment from being ruined, lost or broken down
• Optimum management and investment of the endowment.

This issue has received the attention of positive legislators. As a result, during the past decades, laws and regulations have been issued to manage endowment properties in general, and to invest them in lease contracts in particular. The objective of such laws and legislations is to achieve the best economic feasibility for the benefit of the endowments, while preserving, as much as possible, the assets of these properties. The latest of such legislations regulating this issue was Law (31) dated (11-10-2018 AD), which abolished the previous legislation in this regard, and included a thorough and comprehensive regulation of the endowment aspect on the legislative and procedural levels. This law aimed at achieving the best profit for the endowments in particular and the public interest in general. In this research, there are an extensive jurisprudential study of lease contracts of endowments, with comparison with the law currently in force, and an explanation of what the lease contracts concluded according to previous laws will end up with.