Volume 13, Issue 53 (8-2024)
3 2024, 13(53): 1-18 |
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Rabani S. Legal Domain of Settling Debts of the Deceased and the Perspective of the Quran and Jurisprudence on the Obligations and Duties of the Deceased’s Survivors. 3 2024; 13 (53) :1-18
URL: http://jlawst.ir/article-1-1081-en.html
URL: http://jlawst.ir/article-1-1081-en.html
Master’s Degree in Private Law, Islamic Azad University, Natanz Branch, Natanz, Iran
Abstract: (143 Views)
Despite the fact that with the death of every individual, their life file is closed, the issue of their remaining assets is a material subject, thus the estate of the deceased remains open until it is settled. Due to the particular importance of this matter, the current research delves into this significant topic through an analytical-descriptive method, utilizing library research tools regarding the legal domain of settling debts of the deceased and the perspective of the Quran and jurisprudence on the obligations and duties of the deceased’s survivors. The findings indicate that according to Article 686 of the Civil Code, heirs are not obligated to give anything to creditors other than the estate. Therefore, if an individual passes away, they either leave behind assets or do not have any assets after death. If the deceased has no estate, the heirs are not obliged to settle their debts. However, if there is an estate left behind, the heirs are required to pay the debts of the creditors from the estate. The Civil Code states in this regard that the ownership of the heirs over the deceased’s estate is established when the debts owed by the deceased to the creditors are paid. Subsequently, Article 788 provides an exception regarding the debts of the deceased becoming due, specifically concerning pledges. This means that if a pledgor gives an asset as a pledge to a pledgee and then passes away, the pledgor’s debts do not become due in this case, as the Civil Code emphasizes that the pledge contract is not terminated by the death of the pledgor or pledgee. This issue is also reflected in the verses of the Quran and jurisprudential texts, where even obligations in the form of bequests for the survivors (spouse and children) regarding the payment of the deceased’s debts are envisioned.
Keywords: Debts of the Deceased, Financial Obligations, Due Debts, Estate, Civil Code, Quran and Hadis
Type of Study: Research |
Subject:
General
Received: 2025/01/15 | Accepted: 2024/08/31 | Published: 2024/08/31
Received: 2025/01/15 | Accepted: 2024/08/31 | Published: 2024/08/31
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