نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار گروه حقوق دانشکده حقوق و الهیات دانشگاه شهید باهنر کرمان
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چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract
One of the conditions of inheritance between heirs according to Article 875 of the Civil Code is that the heir is alive at the time of the heir's death, otherwise, the said condition is not met and the inheritance is void. On the other hand, Article 873 of the Civil Code of Inheritance between the heirs whose time of death is suspected and who died in a wreck or drowning accident has established the inheritance between them, which is against the principles and rules of jurisprudence. The central question that this article seeks to answer is that the titles "Hamd" and "Drowning" have a characteristic that makes the ruling of inheritance unique to them, or that these two are merely examples of a more general rule (that is, inheritance in the case of suspicion of precedence and delay of death due to an accident). The importance of the research is that today, with the progress of the societies and the events in it, as well as with the review of traditions, documents and evidence, it is clear that real events are not limited to the two causes of destruction and drowning, and it is possible to say by relying on narrative and intellectual evidence that the events mentioned in the traditions were only allegorical, and it is possible to extend this ruling to other events where the early and late death of the heirs is suspected. The present research, with descriptive-analytical method and with library studies and reference to jurisprudential and legal sources, investigated the status of monopoly and non-monopoly of inheritance in the exception of Article 873 of the Civil Code of Iran, and by comparing the opinions of Imamiyya jurists and popular jurists, Iranian legal thinkers and the view of the legal system of Egypt, and by analyzing the expressed evidence, it sought to obtain a definite opinion that according to social needs and public interests, it was presented He proposed to amend Article 873 of the Civil Code to end the disputes in this field.
کلیدواژهها [English]
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