Persons without an heir in his will or judgment without an heir, from the perspective of jurisprudence and law
Journal Title: Scientific Journal of Pure and Applied Sciences - Year 2014, Vol 3, Issue 5
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.
Authors and Affiliations
M. Mohebi*| Department of Law, Kermanshah Science and Research Branch, Islamic Azad University, Kermanshah, Iran., H. Olfati| Department of Law payame Noor University, I.R. of Iran., M. Hariri| Department of Law, Kermanshah Science and Research Branch, Islamic Azad University, Kermanshah, Iran., M. Ghobadi| The Judge of Kermanshah Justice organ.
Keywords
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- EP ID EP347
- DOI 10.14196/sjpas.v3i5.1418
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