نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار دانشگاه قم
2 دانشجوی دکتری حقوق خصوصی دانشگاه قم
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
One of the unanimous issues in jurisprudence and Islamic law is that the will is limited to one-third of the heritage and its surplus is subject to permission from the heirs. But if there is no heir, there is disagreement about whether the limitation of third still remains or the testator has complete freedom. Given that, a group of experts believes that the will is limited to the third and the surplus belongs to Imam (Governor). Another group believes in the absolute freedom of testator and validity of such testament. Others go into details and separate between wills to charity and other wills and maintain that only charitable testament is valid and other wills are limited to the third. This study examines the arguments presented for different ideas and considers the theory of limitation of the testator without heir to one-third of the property as a stronger theory. From the legal point of view it is also more compatible with the provisions of the Civil Code.
کلیدواژهها [English]
