Foundation Institution in terms of Legal Personality in Private Law and the Element of Purpose as a Criterion of Distinction

Abstract

In this paper, foundations (waqf) in the law of legal persons are analysed in terms of the purpose element, which is the main criteria of distinction. In Turkish legal practice, sometimes, there are major problems with regard to foundations and especially founder's purpose and constituent will. In this respect, we come across open infringements of general principles of law, human rights law, the Constitution or statutes. This paper has been written with the intention to examine and prevent these illegalities.