نوع مقاله : پژوهشی (داوری سریع)
نویسنده
دانش پژوه سطح چهار فقه و حقوق خصوصی. مجتمع فقه، حقوق و قضای اسلامی. قم. ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Throughout human life, various obligations arise from contracts and other legal events. Some of these obligations are personal in nature and, due to their dependence on the individual characteristics of the obligor, terminate upon death. In contrast, other obligations are not personal and do not rely on the obligor’s individual abilities. The main question of this study is whether such obligations are transferred to the heirs or extinguished upon the obligor’s death. This research has been conducted through a library-based method with a descriptive–analytical and critical approach. The findings indicate that, regarding the legal nature of the estate prior to liquidation, there are three major theories: the theory of the deceased’s continuing ownership, the theory of immediate transfer to the heirs, and the theory of the independent legal personality of the estate. The first view is supported by Qur’anic verses, authentic traditions, and the consensus of jurists; the second, in addition to these foundations, relies on legal maxims such as al-māl lā yabqā bilā mālik (“property cannot remain without an owner”); and the third, influenced by Western legal systems, emphasizes the precise determination of the time of transfer and the suspension of heirs’ possession until the completion of liquidation. The innovative conclusion of this study is that by integrating these three theories, the concept of a “temporary legal personality of the estate” can be recognized within Imami jurisprudence. In this view, the deceased’s property retains an independent legal existence until all debts are settled and is then definitively transferred to the heirs. The analysis also shows that financial obligations are transferable to heirs, whereas non-financial obligations, being personal in nature, are extinguished upon death, even if they entail incidental financial consequences. Accordingly, the Iranian legal system faces a legislative gap concerning non-financial obligations of the deceased, leading to doctrinal inconsistencies and practical challenges in judicial practice.
کلیدواژهها [English]
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