EXCLUSION ON CIVIL LAW

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MOSLEHI A.H.

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Journal Paper

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Journal: PRIVATE LAW STUDIES Year:2004 | Volume:- | Issue:64 Page(s): 155-186

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Information Journal Paper

Title

EXCLUSION ON CIVIL LAW

Author(s)

MOSLEHI A.H. | Issue Writer Certificate

Keywords

Not Registered.

Abstract

Whereas the paragraph 4 of the article 140 from civil law has prescribed, inheritance is one of the causes of forcible inquisition, and the setting up of the law is to determine an owner for the deceases properties. Since the estate post-mortem is ownerless, so that the lawgiver has legislated some consanguinity regulations to determine the next owner, by using the heritage rights, so the legislators use a relationship system between deceases and the owner of deceases properties which after the determination is called heir, this system can be done through natural relationship which is called consanguinity, or it may be done by contraction. On the other hand, the natural relationship among persons may be created in a way as if all of them are equal in relationship. This will cause a relational order which close relationship will lead to heir presumptive which in divine law and civil law is considered as exclusion. We study this part as total exclusion and partial exclusion in this article.

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