Farhad Edrisi; Hamid Reza Heydari
Volume 3, Issue 8 , April 2015, , Pages 9-42
Abstract
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 ...
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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.
