Assistant Professor, Department of Private and Economic Law, Faculty of Law and Political Sciences, Allameh Tabatabai University
10.48300/jlr.2023.377858.2247
Abstract
The right of usufruct ends after the death of the beneficiary, and the property returns to the owner, so his ownership is complete, and contrary to the right of the tenant, who after his death, the lease contract remains and goes to his heirs, so when before the expiration of the usufruct contract, If the beneficiary dies, the usufruct contract is dissolved, the reason is that this right is vested in the person, and even the late Dr. Emami said that the usufruct right should be free because the purpose of establishing the usufruct right is to help charity, and it is incompatible with taking something in return. Although it is a condition in the contract, that is why some Islamic jurisprudents do not consider the right of usufruct as necessary unless there is an intention of closeness in it, and in the well-known waqf according to Imamiyyah jurists, the intention of closeness is a condition, and the intention of closeness contradicts that which the owner Holding the said right, exchange it and conclude it in terms of trade and exchange is because the owner cannot leave the right of termination in the usufruct contract for himself or his party or reduce it.
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