نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The status of the inheritance of intestate persons is a very important issue, and although its provisions are specified in the Iranian Civil Code, there are ambiguities in this regard. The results of the present study indicate that the legal status of the inheritance of intestate persons in the Iranian legal system is structured in general rules; but in some cases it has ambiguities. According to the Iranian legal system, pursuant to Article 866 of the Civil Code and Article 335 of the Law of Hasbi Affairs, the determination of the disposition of the intestate estate will be the responsibility of the ruler; However, it has not made any ruling on issues such as the limits of the sovereign's powers and the quality of possession of the deceased's estate by him and the manner of its seizure. Among other controversial issues is the obligation to pay the debts of intestate persons by the state. So that in Iranian law, the ownership of the estate of intestate persons is not from the point of view of the guardian but from the point of view of the guardianship, but in common law(England), the negative obligations of the deceased are transferred to the heirs and the heirs must fulfill these obligations and the state does not accept such an obligation; because they believe in the matter of succession. In this study, the author uses a descriptive-analytical method to examine the legal dimensions of the inheritance of intestate persons in the Iranian legal system.
کلیدواژهها English