RETURNING OF POSSESSION WILL IN IRANIAN CIVIL LAW, A COMPARATIVE STUDY IN EGYPTIAN AND ENGLISH LAW

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TAGHIZADEH ALI; Asgari Gholamhossein

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Journal: PRIVATE LAW STUDIES Year:2019 | Volume:49 | Issue:3 Page(s): 425-444

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Information Journal Paper

Title

RETURNING OF POSSESSION WILL IN IRANIAN CIVIL LAW, A COMPARATIVE STUDY IN EGYPTIAN AND ENGLISH LAW

Author(s)

TAGHIZADEH ALI | Asgari Gholamhossein | Issue Writer Certificate

Keywords

Possession willsQ1

Bilateral contractQ1

Returning of willQ1

Forfeited of rightQ1

Bilateral or unilateral contractQ2

Abstract

Apart from the fact that “ Possession Will” is known as unilateral or Bilateral contract, it is also accepted as returnable or revocable by testator in the statutes of the most states. But the views are different to the fact that the testator has the right to forfeit his returning of possession will from himself or not. In Iranian Civil Law and Imamiyeh Jurisprudence, if this clause included from within the will, it would be certainly unreliable. If this right of forfeiting is concluded with within Bilateral contract some lawyers know it null because it is contrary to spiritual law and some of them know it correct. In Egyptian Law, this clause is null. In English Law because returning of the possession will is counted as essential elements of that, it is not merely right and to take consideration of forfeiting this right is impossible. This research is to describe this right and present a comparative study with Egyptian and English Law to earn common basis and choice view that has most conformity parallel to statute and Imamiyeh Jurisprudence.

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APA: Copy

TAGHIZADEH, ALI, & Asgari, Gholamhossein. (2019). RETURNING OF POSSESSION WILL IN IRANIAN CIVIL LAW, A COMPARATIVE STUDY IN EGYPTIAN AND ENGLISH LAW. PRIVATE LAW STUDIES, 49(3 ), 425-444. SID. https://sid.ir/paper/124764/en

Vancouver: Copy

TAGHIZADEH ALI, Asgari Gholamhossein. RETURNING OF POSSESSION WILL IN IRANIAN CIVIL LAW, A COMPARATIVE STUDY IN EGYPTIAN AND ENGLISH LAW. PRIVATE LAW STUDIES[Internet]. 2019;49(3 ):425-444. Available from: https://sid.ir/paper/124764/en

IEEE: Copy

ALI TAGHIZADEH, and Gholamhossein Asgari, “RETURNING OF POSSESSION WILL IN IRANIAN CIVIL LAW, A COMPARATIVE STUDY IN EGYPTIAN AND ENGLISH LAW,” PRIVATE LAW STUDIES, vol. 49, no. 3 , pp. 425–444, 2019, [Online]. Available: https://sid.ir/paper/124764/en

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