Volume 15 - Legal Innovation
MLJ 2021, 15 - Legal Innovation: 847-861 |
Back to browse issues page
Download citation:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
BibTeX | RIS | EndNote | Medlars | ProCite | Reference Manager | RefWorks
Send citation to:
Lotfi Khachak M, Moghaddari Amiri A, Fallah Kharyeki M. The Inherit Right in the Light of re-Reading the Hadm Rule. MLJ 2021; 15 :847-861
URL: http://ijmedicallaw.ir/article-1-1458-en.html
URL: http://ijmedicallaw.ir/article-1-1458-en.html
1- Sari Branch, Islamic Azad University, Sari, Iran
2- Department of Private Law, Joibar Branch, Islamic Azad University, Joibar, Iran
3- Department of Private Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran
2- Department of Private Law, Joibar Branch, Islamic Azad University, Joibar, Iran
3- Department of Private Law, Ayatollah Amoli Branch, Islamic Azad University, Amol, Iran
Abstract:
Background and Aim: The general rule of inheritance has one exception, and that is the issue of inheritance between the drowned and the downtrodden. The purpose of this article is to explain the possibility of extending the sentence to other similar cases of drowning in case of ignorance of the date of death of two or more people.
Materials and Methods: The article is descriptive-analytical and uses the library method to study the subject and data collection has been done by referring to documents, books and articles.
Results: It should be considered that death is not characteristic of drowning or drowning; Because the meaning of wrong judgment and ignorance is in the precedence and delay of death. Also, the cause of inheritance in the two titles of drowning and drowning is to eliminate the effect of ignorance on the date of death and to establish its precedence and delay among the heirs. Therefore, the cause that requires inheritance in drowning and mourning is also present in other similar cases.
Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Conclusion: The esteemed legislator should take a corrective look at Article 873 of the Civil Code and the exceptions to it, or at least the esteemed judges should show more flexibility in interpreting the concept of drowning and demolition Assist the realization of the right to inheritance of heirs.
Cite this article as: Lotfi Khachak M, Moghaddari Amiri A, Fallah Kharyeki M. The Inherit Right in the Light of re-Reading the Hadm Rule. Medical Law Journal 2021; Legal Innovation.
Materials and Methods: The article is descriptive-analytical and uses the library method to study the subject and data collection has been done by referring to documents, books and articles.
Results: It should be considered that death is not characteristic of drowning or drowning; Because the meaning of wrong judgment and ignorance is in the precedence and delay of death. Also, the cause of inheritance in the two titles of drowning and drowning is to eliminate the effect of ignorance on the date of death and to establish its precedence and delay among the heirs. Therefore, the cause that requires inheritance in drowning and mourning is also present in other similar cases.
Ethical considerations: In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.
Conclusion: The esteemed legislator should take a corrective look at Article 873 of the Civil Code and the exceptions to it, or at least the esteemed judges should show more flexibility in interpreting the concept of drowning and demolition Assist the realization of the right to inheritance of heirs.
Cite this article as: Lotfi Khachak M, Moghaddari Amiri A, Fallah Kharyeki M. The Inherit Right in the Light of re-Reading the Hadm Rule. Medical Law Journal 2021; Legal Innovation.
Type of Study: Original Article |
Received: 2021/10/16 | Accepted: 2022/01/15
Received: 2021/10/16 | Accepted: 2022/01/15
Send email to the article author
| Rights and permissions | |
 |
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. |
