Volume 12, Issue 52 (5-2024)
3 2024, 12(52): 1-17 |
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Rabani S. Examination of the Conditions for the Payment of Debts of the Deceased in Jurisprudence and Positive Law. 3 2024; 12 (52) :1-17
URL: http://jlawst.ir/article-1-1080-en.html
URL: http://jlawst.ir/article-1-1080-en.html
Master’s Degree in Private Law, Islamic Azad University, Natanz Branch, Natanz, Iran
Abstract: (72 Views)
The aim of this research is to outline the conditions for the payment of debts of the deceased in both jurisprudence and positive law. One of the most significant issues currently discussed in jurisprudence and property law is the inheritance rights of heirs concerning the financial assets of the deceased, which is analyzed in various legal systems under the topic of inheritance. Essentially, since the ownership of assets and financial rights is recognized for the living, upon the death of an individual, there must be a search for new owners or holders of the financial rights of the deceased. This article is written using a descriptive-analytical method. The findings indicate that upon the death of the obligor in a forward sale (sale of goods to be delivered in the future), the seller’s obligation does not become immediate. In lease contracts, due to the necessity of the contract and its non-personal nature, death has no effect. The results suggest that, considering the changing conditions of society and the existence of various types of deaths, as well as different debts and estates, such as digital currencies, there is a need to revise the civil code concerning the debts of the deceased after death.
Type of Study: Research |
Subject:
General
Received: 2025/01/15 | Accepted: 2024/05/30 | Published: 2024/05/30
Received: 2025/01/15 | Accepted: 2024/05/30 | Published: 2024/05/30
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