THE INHERITANCE OF A WIFE AS SOLE INHERITOR | ||
| مطالعات حقوق خصوصی | ||
| Article 11, Volume 42, Issue 2, July 2012, Pages 187-197 PDF (173.56 K) | ||
| DOI: 10.22059/jlq.2012.29896 | ||
| Authors | ||
| Mohammad Hassan Sadeghi Moghadam; Mohammad Mahdi Azizollahi | ||
| Abstract | ||
| Article 905 & 949 of Iran civil code says that: if there is no inheritor other than husband, he takes all inheritance; but according to article 949: if a wife is sole heir, she takes her portion, that is one fourth, and the reminder will be regarded heirless and encountered according to article 866. This discrimination between wife and husband is based on the famous opinion of Shiite jurisprudents. They say that the reminder of portion of sole husband, will be restored to himself; but the reminder of portion of sole wife will be given to Imam. Article 949 seeks to follow this opinion and approves this discrimination, but says that the reminder of portion of wife is heirless and will be given to treasury. | ||
| Keywords | ||
| Discrimination between wife and husband.; Husband; Inheritance; Sole heir; Wife | ||
|
Statistics Article View: 3,671 PDF Download: 1,953 |
||