A Comparative Study on the Continuation of Rights after Death and the Viability of Proposing the Theory of the Legal Personality of the Deceased

The concept of "capacity to be entitled" is an essential component of the definition of legal personality. If the law recognizes a "right" for an object or entity other than a living person, it implies the implicit grant of legal personality to that object. In the traditional com...

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Main Authors: Ahmad Adibi, Mohammad mahdi Alsharif, Alireza Arashpour
Format: Article
Language:fas
Published: University of Qom 2023-12-01
Series:پژوهش تطبیقی حقوق اسلام و غرب
Subjects:
Online Access:https://csiw.qom.ac.ir/article_2631_74579f36546778eccab07b0c2f14d7f7.pdf
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author Ahmad Adibi
Mohammad mahdi Alsharif
Alireza Arashpour
author_facet Ahmad Adibi
Mohammad mahdi Alsharif
Alireza Arashpour
author_sort Ahmad Adibi
collection DOAJ
description The concept of "capacity to be entitled" is an essential component of the definition of legal personality. If the law recognizes a "right" for an object or entity other than a living person, it implies the implicit grant of legal personality to that object. In the traditional common law system, death was regarded as the termination of legal personality. However, with advancements in experimental sciences and the emergence of intellectual property rights, the recognition of rights after death gradually gained importance, necessitating the consideration of legal personality after death. These rights include the right to donate body parts, the right to posthumous reproduction and the possibility of assigning a child to a deceased parent, the right to make decisions after death, the right to the integrity of the body, personal rights (privacy) after death, and the right to respect and honor the deceased. Despite the existence of the term "legal personality", Islamic jurisprudence continues to employ concepts and constructs such as capacity, which convey the meaning of legal personality and are applied to issues such as endowments, treasury, and holy places. Therefore, to identify traces of legal personality in Islamic jurisprudence, we must examine its consequences and effects. Jurisprudential recognition of certain rights, such as the right to make decisions after death, the right to inherit the estate (a subject of integrated religion), and the deceased's ownership in the prosecution of crimes against the deceased, indicates the limited survival and inviolability of legal personality after death. These findings rely on the application of Article 956 of the Iranian Civil Code.
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spelling doaj.art-248da71d94154b23888cff44036690c12024-03-31T19:12:58ZfasUniversity of Qomپژوهش تطبیقی حقوق اسلام و غرب2476-42132476-42212023-12-0110312410.22091/csiw.2023.9180.23972631A Comparative Study on the Continuation of Rights after Death and the Viability of Proposing the Theory of the Legal Personality of the DeceasedAhmad Adibi0Mohammad mahdi Alsharif1Alireza Arashpour2PhD Student of Private Law, Faculty of Administrative Sciences and Economics, Department of Law, Isfahan University.Associate Professor, Department of Law, Faculty of Administrative Sciences and Economics, Isfahan University.Associate Professor, Department of Law, Faculty of Administrative Sciences and Economics, Isfahan University.The concept of "capacity to be entitled" is an essential component of the definition of legal personality. If the law recognizes a "right" for an object or entity other than a living person, it implies the implicit grant of legal personality to that object. In the traditional common law system, death was regarded as the termination of legal personality. However, with advancements in experimental sciences and the emergence of intellectual property rights, the recognition of rights after death gradually gained importance, necessitating the consideration of legal personality after death. These rights include the right to donate body parts, the right to posthumous reproduction and the possibility of assigning a child to a deceased parent, the right to make decisions after death, the right to the integrity of the body, personal rights (privacy) after death, and the right to respect and honor the deceased. Despite the existence of the term "legal personality", Islamic jurisprudence continues to employ concepts and constructs such as capacity, which convey the meaning of legal personality and are applied to issues such as endowments, treasury, and holy places. Therefore, to identify traces of legal personality in Islamic jurisprudence, we must examine its consequences and effects. Jurisprudential recognition of certain rights, such as the right to make decisions after death, the right to inherit the estate (a subject of integrated religion), and the deceased's ownership in the prosecution of crimes against the deceased, indicates the limited survival and inviolability of legal personality after death. These findings rely on the application of Article 956 of the Iranian Civil Code.https://csiw.qom.ac.ir/article_2631_74579f36546778eccab07b0c2f14d7f7.pdfcapacity after deathlegal personality after deathpersonal rights after deathright to property after deathright to the integrity of the body
spellingShingle Ahmad Adibi
Mohammad mahdi Alsharif
Alireza Arashpour
A Comparative Study on the Continuation of Rights after Death and the Viability of Proposing the Theory of the Legal Personality of the Deceased
پژوهش تطبیقی حقوق اسلام و غرب
capacity after death
legal personality after death
personal rights after death
right to property after death
right to the integrity of the body
title A Comparative Study on the Continuation of Rights after Death and the Viability of Proposing the Theory of the Legal Personality of the Deceased
title_full A Comparative Study on the Continuation of Rights after Death and the Viability of Proposing the Theory of the Legal Personality of the Deceased
title_fullStr A Comparative Study on the Continuation of Rights after Death and the Viability of Proposing the Theory of the Legal Personality of the Deceased
title_full_unstemmed A Comparative Study on the Continuation of Rights after Death and the Viability of Proposing the Theory of the Legal Personality of the Deceased
title_short A Comparative Study on the Continuation of Rights after Death and the Viability of Proposing the Theory of the Legal Personality of the Deceased
title_sort comparative study on the continuation of rights after death and the viability of proposing the theory of the legal personality of the deceased
topic capacity after death
legal personality after death
personal rights after death
right to property after death
right to the integrity of the body
url https://csiw.qom.ac.ir/article_2631_74579f36546778eccab07b0c2f14d7f7.pdf
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