Inheritance of Dissolution (A comparative study in Imamiyyah jurisprudence, Iranian law and Sunni jurisprudence)

Document Type : Original Article

Authors

1 Assistant Professor, Department of Law, Nahavand Higher Education Complex, Bu- Ali Sina University, Hamadan, Iran.

2 Professor of Law Department, Faculty of Literature and Human Sciences, Bu-Ali Sina University, Hamedan, Iran.

3 Assistant Professor, Department of Law, Faculty of Literature and Humanities, Bu-Ali Sina University, Hamadan, Iran.

Abstract

Iran's civil Code does not have an explicit ruling regarding the issue of inheritance of dissolution. Among the authors, this issue has either not been raised or its proposal has been accompanied by controversy and doubt. The jurists who have examined this issue are divided into two groups: one group considers the contract transferable to the heirs, and the other group does not allow the heirs to cancel the contract of their heirs. The first group believes that dissolution is one of the rights and like other properties and rights of an heir, it is transferred to his/her heir while the second group includes dissolution among the rulings and do not consider it permissible to transfer it to the heirs. The present research was carried out with a descriptive-analytical method and the review of the opinions and evidences presented and their evaluation shows that the dissolution does not have a judicial aspect in terms of its structure and nature and can be transferred to the heir. Regarding the regulations governing contractual relationships, especially those relationships that are in the realm of private law, the principle is that individuals can agree against them and ignore the effects and consequences of such regulations partially or completely. On the basis of the existence of such a principle, the ambiguous cases between the right and the verdict can be added to the rights. In addition, the principle of transferability of contract effects to heirs can confirm and reinforce the above result.

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History

  • Receive Date: 06 January 2024
  • Revise Date: 09 March 2024
  • Accept Date: 22 April 2024

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