Jurisprudence and legal review of refuse and permission inheritance in blunt transactions
Article 140 of the Iranian Civil Code, following Islamic jurisprudence, regards inheritance as the fourth cause of ownership. After death, one of the most important issues raised from the contract is the legal rights that had been given to the deceased. One of the legal rights is a consent to or r...
| Main Authors: | , |
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| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2014-09-01
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| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| Subjects: | |
| Online Access: | https://jplr.atu.ac.ir/article_866_dcdf0d8a54b0c032691659dbacc98ba1.pdf |
| _version_ | 1797375891823656960 |
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| author | Farhad Edrisi Hamid Reza Heydari |
| author_facet | Farhad Edrisi Hamid Reza Heydari |
| author_sort | Farhad Edrisi |
| collection | DOAJ |
| description | Article 140 of the Iranian Civil Code, following Islamic jurisprudence, regards inheritance as the fourth cause of ownership. After death, one of the most important issues raised from the contract is the legal rights that had been given to the deceased. One of the legal rights is a consent to or refusal of a blunt transaction. In other words, the questions are: Is this right subject to inheritance after the right owner dies? If yes, how should heirs act? Iranian Civil Code and other legislation have not dealt with this issue adequately. Article 253 of the Code only states that this consent or refusal can be inherited in unauthorised transactions. In relation to this consent or refusal in blunt transactions, Islamic jurists treat it as a warrant, whereas there is a controversy among lawyers. Some lawyers consider it to be a right; however, others perceive it as a warrant. The prevailing view is the latter. Another question posed here is whether the inheritance of the consent or refusal depends on the subject-matter of the contract or it is an independent issue. In answering this question, it should be said that the inheritance of the consent or refusal is followed by inheritance of the subject-matter of contract (property). In other words, it can be interpreted that the property of the deceased is inherited to each heirs who inherits based on their own ownership. This article considers how this right is inherited, and examines relevant provisions and circumstances. |
| first_indexed | 2024-03-08T19:30:47Z |
| format | Article |
| id | doaj.art-c755134852364da7838de4c3d0217040 |
| institution | Directory Open Access Journal |
| issn | 2345-3583 2476-6232 |
| language | fas |
| last_indexed | 2024-03-08T19:30:47Z |
| publishDate | 2014-09-01 |
| publisher | Allameh Tabataba'i University Press |
| record_format | Article |
| series | Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī |
| spelling | doaj.art-c755134852364da7838de4c3d02170402023-12-26T07:46:47ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī2345-35832476-62322014-09-0138942866Jurisprudence and legal review of refuse and permission inheritance in blunt transactionsFarhad Edrisi0Hamid Reza Heydari1عضو هیئت علمی و استادیار دانشگاه آزاد اسلامی واحد زنجاندانشجوی دکترای حقوق خصوصی دانشگاه آزاد اسلامی واحد زنجانArticle 140 of the Iranian Civil Code, following Islamic jurisprudence, regards inheritance as the fourth cause of ownership. After death, one of the most important issues raised from the contract is the legal rights that had been given to the deceased. One of the legal rights is a consent to or refusal of a blunt transaction. In other words, the questions are: Is this right subject to inheritance after the right owner dies? If yes, how should heirs act? Iranian Civil Code and other legislation have not dealt with this issue adequately. Article 253 of the Code only states that this consent or refusal can be inherited in unauthorised transactions. In relation to this consent or refusal in blunt transactions, Islamic jurists treat it as a warrant, whereas there is a controversy among lawyers. Some lawyers consider it to be a right; however, others perceive it as a warrant. The prevailing view is the latter. Another question posed here is whether the inheritance of the consent or refusal depends on the subject-matter of the contract or it is an independent issue. In answering this question, it should be said that the inheritance of the consent or refusal is followed by inheritance of the subject-matter of contract (property). In other words, it can be interpreted that the property of the deceased is inherited to each heirs who inherits based on their own ownership. This article considers how this right is inherited, and examines relevant provisions and circumstances.https://jplr.atu.ac.ir/article_866_dcdf0d8a54b0c032691659dbacc98ba1.pdfinheritanceunauthorised transactionblunt transactionconsent to or refusal of blunt transactionsrightwarrant |
| spellingShingle | Farhad Edrisi Hamid Reza Heydari Jurisprudence and legal review of refuse and permission inheritance in blunt transactions Faṣlnāmah-i Pizhūhish-i Huqūq-i Khuṣūṣī inheritance unauthorised transaction blunt transaction consent to or refusal of blunt transactions right warrant |
| title | Jurisprudence and legal review of refuse and permission inheritance in blunt transactions |
| title_full | Jurisprudence and legal review of refuse and permission inheritance in blunt transactions |
| title_fullStr | Jurisprudence and legal review of refuse and permission inheritance in blunt transactions |
| title_full_unstemmed | Jurisprudence and legal review of refuse and permission inheritance in blunt transactions |
| title_short | Jurisprudence and legal review of refuse and permission inheritance in blunt transactions |
| title_sort | jurisprudence and legal review of refuse and permission inheritance in blunt transactions |
| topic | inheritance unauthorised transaction blunt transaction consent to or refusal of blunt transactions right warrant |
| url | https://jplr.atu.ac.ir/article_866_dcdf0d8a54b0c032691659dbacc98ba1.pdf |
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