Compliance or Non-compliance of Option Inheritance with Property Inheritance

Subject Areas : Private law

Sajad Shahbaz ¹ (دانشگاه شهرکرد)

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Legacy, Option inheritance, Wife’s inheritance, Hebveh, Exceeding debt,

Abstract :

One of the derivatives of the inheritance discussion is the subject of compliance or non-compliance of option inheritance with property inheritance. When some of the heirs are deprived of the property itself, the question arises as to whether or not those persons will also be deprived of the right of option belonging to that property. To answer this question, various opinions have been expressed by jurisprudents. The disagreement is rooted in the concept of option. In this paper, by adopting nullificatory conception of option and illustrating option right’s independence of property and accepting its relationship with contract, the famous theory of the jurisprudents concerning non-compliance of property inheritance with option inheritance is consolidated. This analysis is meant to apply the silence and general acceptance of the civil law to the famous theory. Data were collected through library method and analyzed using descriptive-analytical method.