A study into the inheritance of credential-right by the wife from the husband’s transactions
Journal Title: فقه و اصول - Year 2016, Vol 47, Issue 103
Abstract
One of the issues in the field of inheritance is the inheritance of credential-right by the wife from the husband’s trades. Unfortunately, Iranian statute law has not specified this verdict, and Article 445 of Civil Law merely states that: ‘Each of the credentials, after death, is transferred to the heir.’ Although the ruling is applicable to the mentioned article regarding the inheritance of credential-right by the wife from the spouse’s trading, any acceptance of the verdict is in conflict with the provisions of article 946 Civil Law, since credential inheritance is of the rights-inheritance type and this article, whether before or after the reform of 1387 (2008), does not consider even the immovable property of the spouse as inheritable to the wife, let alone his rights (here, the credentials). This situation also occurs in the words of jurists, because on the one hand, they acclaim a consensus on the inheritance of all credentials, and on the other hand, they differ in terms of the inheritance of some, including the inheritance of credential-rights from the trades of the husband. Hence, both in the articles 445 and 946 and in the words of jurists pertaining to the inheritance of credential-right by the wife from the spouse’s trading, contradictions have emerged. This research is aimed at resolving the conflict with reference to Imamiyah law.
Authors and Affiliations
Heydar Bagheri Asl
Keywords
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- EP ID EP190665
- DOI 10.22067/fiqh.v47i23.20458
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