Document Type : scientific
Authors
1
PhD student in Jurisprudence and Fundamentals of Islamic Law, Faculty of Law, Theology and Political Science, Science and Research Branch, Islamic Azad University, Tehran, Iran.
2
Professor, Department of Theology and Islamic Studies, Farabi Campus, University of Tehran, Qom, Iran
3
Associate Professor, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Humanities, Yadegar Imam Khomeini Branch, Islamic Azad University, Shahr-e Ray, Iran
Abstract
According to the basic rule, the realization of inheritance depends on the existence of the heir at the time of the death of the heir. According to the mentioned rule, in the case of unknown deaths, the inheritance relationship is ruled out. The aforementioned provision has some exceptions in French law on the one hand and Iranian law on the other. In Iranian law, the said judgment has been excluded in two presumptions: demolition and drowning. According to the most famous view among jurists, this exception should be interpreted narrowly. In Article 873 of the Civil Code, the view of narrow interpretation has been followed, but according to the well-known view of jurists, the mentioned exception can be extended to similar cases. Those who believe in the extension on the basis of some general customary relations, have considered the titles taken in the arguments of allocation to be irrelevant, so based on the abolition of the specificity of the titles of drowning and destruction, they have extended the mentioned ruling to similar cases. The present study has been written using a descriptive-analytical method, in order to discover different evidences and evidences based on specific verbal relations - and not just general customary relations - in order to discover the criterion and refine the subject so that it is possible to extend the sentence to similar cases such as traffic accidents.
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