Persons without an heir in his will or judgment without an heir, from the perspective of jurisprudence and law

Authors

  • Mojtaba Mohebi Department of Law, Kermanshah Science and Research Branch, Islamic Azad University, Kermanshah, Ira
  • Hassan Olfati Department of Law payame Noor University, I.R. of Iran
  • Mehdi Hariri Department of Law, Kermanshah Science and Research Branch, Islamic Azad University, Kermanshah, Iran
  • Mehdi Ghobadi The Judge of Kermanshah Justice organ, Iran

Keywords:

intestate - without heir - the death without heirs - Jurisprudence - the theme of rights

Abstract

Wills, legal matters and legal ordinances, which were subject to the death of the testator. Will, from the perspective of jurists and lawyers, is divided into two categories ( Directive Possession - Abide ). Unlike contract law, on behalf of the client 's life is a runner, of wills after the testator 's death. Examples of wills. Wills persons without heirs, or the judge has no heir. That is, with respect to personal property, which, while being the heirs of the deceased. Part or all of his property, the judgment is yours without an heir. Among jurists and lawyers about wills surplus to third parties without heirs, or the heirs there is no judgment. It seems that five major, there is separation. Noting the authors believe that the rule will, is applicable only to the third property, and on its surplus, subject to the permission of the heirs, in default of any person without testamentary heir or no heir rule, the rule Shedding person in life can any property be seized, and a will debate and process testator 's death, the heirs causal albeit limited to one person, it seems, in excess of one-third of wills is not right because it would infringe upon the rights of third parties, and Meanwhile Gradation rule sequence and confirm the story, which is primarily wills, inheritance and wills after the third Tuesday in the process of inheritance, the disorder is caused, therefore, it seems, wills Noting that the rules of jus conges, and the public order is this consistent with the norms and legal principles, and governed solely operate the public order.

References

Abi Mansoor Hasan ibn Yusof ibn Motahhar Alasadi " Allameh Helli " Ticket scholars, Institute of publication, volume 2.

Ansari, Morteza Ibn Mohhammad Amin, 1994, Message in the Commandments, first edition, Qom, International Congress.

Bohrani,Yusof ibn Ahmad ibn Ibrahim,. 1984.., Fresco gardens in the provisions of the pure tic, C 22, first edition, Qom, Islamic Publications Office area teachers.

Emami, Seyed Hassan, No data., Civil Rights, vol 3, Tehran, Press Fayed.

Katoozian, Nasser., Wills in civil rights, published in the Tehran University in 2003.

Jafari Langroodi, Mohammad Jafar, 2005, civil rights - Wills, second edition, Tehran, library treasure of knowledge.

Horre Ameli, Mohammad Ibn Hassan, No data., means Shia, vol 13, 16, 17, Beirut, Dar revival of Arab heritage..

Mohaghegh Damad, Seyed Mostafa, 1989 Wills. Methods, Publishing Center of Islamic Sciences.

Najafi, Mohammad Hassan Ibn Mohammad Magher, Javaher Alkalam, published in Najaf, Sheikh Abbas Ghoochani with corrections, 1377. G., C. 28.

Quran – Translate and interpreting Elahi Qomshei.

Sheikh Toosi, Alkhalaf, 1993., Institute of publication, volume 2.

The same, 1994, Wills and Inheritance, Hadi Institute Qom.

Published

2014-05-29

How to Cite

Mohebi, M. ., Olfati, H. ., Hariri, M. ., & Ghobadi, M. . (2014). Persons without an heir in his will or judgment without an heir, from the perspective of jurisprudence and law. Scientific Journal of Pure and Applied Sciences, 3(5), 295-300. Retrieved from http://sjournals.com/index.php/sjpas/article/view/901

Issue

Section

Law