Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Possessory will And Inheritance of Debtor Dead from The Perspective of Jurisprudence and Law

Document Type : .

Authors
Mohsen Khakinahad 1
Alireza Rajabzadeh 2
Alireza Mazloom Rahni 3
1 PhD student in Private Law, Department of Law, Qeshm Branch, Islamic Azad University, Qeshm, Iran
2 Assistant Professor and Faculty Member, Raja University, Qazvin, Iran
3 Assistant Professor, Department of Law, Faculty of Humanities, Shahr-e-Qods Branch, Islamic Azad University, Tehran, Iran
10.22034/ejs.2022.330294.1162
Abstract
Background and Purpose: The Possessory will of the deceased is indebted to one of the important issues in jurisprudence that is the subject of discussion. In this article, we have tried to examine the status of the testator's Possessory will and property and what is the jurisprudence and law approach regarding the debtor's inheritance option.
Materials and Methods: This is a descriptive-analytical article using the library method to investigate the question.
Ethical considerations: In this article, honesty and trustworthiness have been observed.
Findings: The heir's possessions in the estate must be in line with the deceased's religion in order to be considered legitimate and valid. The debts of the deceased do not belong to the heirs. In order for the estate to be ready to join the heirs' property, it must be liquidated, and the debts and financial obligations of the heir take precedence over the acquisition of the heirs.
Conclusion: The immersion of religion in the will does not prevent the cucumber from being transferred to the heir, although the money in which the cucumber is present is not transferred to the heir due to the existence of religion.
Keywords: Inheritance, Will, Proprietary Will, Inheritance option clause, Debtor Dead
Keywords
Inheritance
Will
Proprietary Will
Inheritance option clause
Debtor Dead
Strategic Studies of Jurisprudence and Law
Volume 3, Special Issue - Serial Number 5
Studies of economic jurisprudence
Winter 2022
Pages 87-104