Barrier of inheritance
Review of Article 892 of Civil Code on "Hujb-i Nuqsani" ('Partial Exclusion from Inheritance') Reza Valavioun[1] Date Received: 04 March 2019 Date Accepted: 12 Desember 2020 Abstract Our legislator has borrowed the term "Hujb-i Nuqsani" (&...
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| Format: | Article |
| Language: | fas |
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Allameh Tabataba'i University Press
2020-12-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
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| Online Access: | https://jplr.atu.ac.ir/article_12630_d703e2d134fdc9f05748097f13ef8745.pdf |
| _version_ | 1797375782752878592 |
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| author | reza valavion |
| author_facet | reza valavion |
| author_sort | reza valavion |
| collection | DOAJ |
| description | Review of Article 892 of Civil Code on "Hujb-i Nuqsani" ('Partial Exclusion from Inheritance') Reza Valavioun[1] Date Received: 04 March 2019 Date Accepted: 12 Desember 2020 Abstract Our legislator has borrowed the term "Hujb-i Nuqsani" ('partial exclusion') from Imamieh jurisprudence, discussed it without any changes in article 886 of Civil Code, and then restated it in chapter 4 of Civil Code. In article 892 of Civil Law of partial exclusion from inheritance, the legislator has mentioned father as the partially excluded one. According to article 892 of Civil Code, when a dead person has children or descendants, parents of the dead person are deprived of inheriting more than one-third. However father is not among the partially excluded, and the legislator's sentence which contains an error, is due to adherence to Imamieh jurisprudence. And most authors of Civil Law, without reviewing the issue, have repeated the aforementioned error in their books.In this article, we have not only explained and clarified the error, but also suggested to omit it. The summary of this article is as follows:A: A child whether son or daughter decreases the mother's share from one-third to one-sixth.B: Father's siblings (under certain conditions) decrease mother's share and prevents the mother from inheriting the rest of the inheritance on the basis of the mother's actual share.C: A male child decreases the mother's share because it's unsuspected that the mother inherits the rest of the inheritance on the basis of her actual share.D: A female child does not prevent mother to inherit the rest of inheritance on the basis of her actual share.E: A child does not prevent the parents from inheriting the rest of inheritance. [1]. Assistant professor of private law, Allameh Tabataba'i University, Tehran, IRAN. Email: valaviounreza@gmail.com |
| first_indexed | 2024-03-08T19:29:12Z |
| format | Article |
| id | doaj.art-29e84119995d4f1ab7bd193d3e387e35 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:29:12Z |
| publishDate | 2020-12-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-29e84119995d4f1ab7bd193d3e387e352023-12-26T07:49:07ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322020-12-0193322124110.22054/jplr.2021.41161.218712630Barrier of inheritancereza valavion0Assistant Professor of Private Law, Allameh Tabatabai UniversityReview of Article 892 of Civil Code on "Hujb-i Nuqsani" ('Partial Exclusion from Inheritance') Reza Valavioun[1] Date Received: 04 March 2019 Date Accepted: 12 Desember 2020 Abstract Our legislator has borrowed the term "Hujb-i Nuqsani" ('partial exclusion') from Imamieh jurisprudence, discussed it without any changes in article 886 of Civil Code, and then restated it in chapter 4 of Civil Code. In article 892 of Civil Law of partial exclusion from inheritance, the legislator has mentioned father as the partially excluded one. According to article 892 of Civil Code, when a dead person has children or descendants, parents of the dead person are deprived of inheriting more than one-third. However father is not among the partially excluded, and the legislator's sentence which contains an error, is due to adherence to Imamieh jurisprudence. And most authors of Civil Law, without reviewing the issue, have repeated the aforementioned error in their books.In this article, we have not only explained and clarified the error, but also suggested to omit it. The summary of this article is as follows:A: A child whether son or daughter decreases the mother's share from one-third to one-sixth.B: Father's siblings (under certain conditions) decrease mother's share and prevents the mother from inheriting the rest of the inheritance on the basis of the mother's actual share.C: A male child decreases the mother's share because it's unsuspected that the mother inherits the rest of the inheritance on the basis of her actual share.D: A female child does not prevent mother to inherit the rest of inheritance on the basis of her actual share.E: A child does not prevent the parents from inheriting the rest of inheritance. [1]. Assistant professor of private law, Allameh Tabataba'i University, Tehran, IRAN. Email: valaviounreza@gmail.comhttps://jplr.atu.ac.ir/article_12630_d703e2d134fdc9f05748097f13ef8745.pdfkey words: exclusion from inheritance or successionpartial exclusion from inheritance or successionpreventive of inheriting the remaining inheritancehighest extentlowest extent |
| spellingShingle | reza valavion Barrier of inheritance Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī key words: exclusion from inheritance or succession partial exclusion from inheritance or succession preventive of inheriting the remaining inheritance highest extent lowest extent |
| title | Barrier of inheritance |
| title_full | Barrier of inheritance |
| title_fullStr | Barrier of inheritance |
| title_full_unstemmed | Barrier of inheritance |
| title_short | Barrier of inheritance |
| title_sort | barrier of inheritance |
| topic | key words: exclusion from inheritance or succession partial exclusion from inheritance or succession preventive of inheriting the remaining inheritance highest extent lowest extent |
| url | https://jplr.atu.ac.ir/article_12630_d703e2d134fdc9f05748097f13ef8745.pdf |
| work_keys_str_mv | AT rezavalavion barrierofinheritance |