Saturday, April 4, 2015

Whether the property bogen 3021 tripod is transferred to the legatee bogen 3021 tripod of his death


More great jurists to the US without a will and Ahdieh Tmlykyh to divide and precisely "determine the dispute on the issue, bogen 3021 tripod as these have to disagree and, despite the appearance of some words, usually turns out that only The dispute about the acquisition bogen 3021 tripod will not move, but as yet have not been explicitly resolved. The article discusses some general examples of which will be mentioned briefly.
Believes that it will sign the contract and says legatee without the owner does not realize bogen 3021 tripod is that it will be a contract between two people except with the consent of both the heart would be consent with the rhetoric of said. 1
Whether the property bogen 3021 tripod is transferred to the legatee bogen 3021 tripod of his death is valid or no credit at all, but he Qhra property "as is transferred or inherited, though it does not account for the transition to the precarious achieved, and the depends on, and In case of rejection of the null is returned Vmlk to Vrsh testator, in the words of the scholars Tuesday. 4
But Haj Seyed Mohammad Kazem Yazdi and Tmlykyh Ahdieh divided into two kinds: the first will be said in the first kind is undoubtedly valid, but the second kind are known to accept that will need to be accepted and therefore it is part of the will, contracts or the condition is regarded as the discoverer or carrier, in which case we will Zayqaat.
Therefore, it seems that despite what the commentators said this law is stated in this direction is the eldest purchase contracts, the law does "not expressly given to the analysis that was done in terms of Article 827 of jurists word twist funds is different and described without regard to Islamic Jurisprudence assumed that if the acquisition is not achieved without the sure "to be part of the contract is known, however, that if we purchase the condition it was not without the scholar, endowed with a variety of conditions such as unilateral obligations, but it is Mlazmh without obtaining those circumstances, bogen 3021 tripod the dedication, the same prison as the result Tsbyl be realized.
2. Proof of property to a person without his consent may cause harm because of that, coupled with appreciation and secondly, "testator's property may not be desirable residuary the 11 reasons, and it is offended bogen 3021 tripod by Ulema been, because the public offering:
Secondly, "" seek, "mentioned in the verse does not Syy through the residuary but may be applied to the causes and factors that lead to action against the testator's residuary Aysa the effect of actions and deeds that he is open to try legatee does not return.
Fourth, "the harm which has been cited in many cases Mnqvz according to Islamic law, such as inheritance or the will to carry the heir or legatee is not always agree on issues such as the addition of the rarity of gratitude that can orders placed source, as well as the expression of the order necessarily "will not win contracts in order to be part of the problem but also the disadvantage bogen 3021 tripod of high Shrtyt is.
3. coercive unilateral obligations of the property, which will require the inheritance of non-void 12 and on the other hand, inclusion of other property without authorization and consent is incompatible with the principle of self-Tslyt. And with the express intention to demonstrate that the contract will have to Astntah.
1. The results of such studies conclude that the reason that the contracts will be considered absent and being more unilateral obligations in accordance with the rules of evidence adduced was flawed because the evidence will say the book and the Sunnah of credit referred In other words, all the public and will take action against them, and the realization of the testator with respect to any other condition to have not stopped.
"... And I Khaf I Mvs Jnfa (until the end of the verse), ie, only if there is Jnf (system) will not be valid. It is clear that the exception bogen 3021 tripod to the general strength and in any case it can not be bound to accept the building.
Finally, "what can be committed to the principle Tslyt is to say that the residuary rule will prevent the occurrence or higher will be accepted if the implementation of unilateral obligations, but we can not accept in any way while know part of the public and the action will have applied directly to the incoming action "are assigned bogen 3021 tripod to the testator and the consensus seems to be signified by some jurists in question has been filed not more than the amount
In addition to the above, it is obvious that the offer and acceptance contracts should fall away and be continuously bogen 3021 tripod "done, and it is certain that the death of the demand, while the place to accept, there will not be a distance bogen 3021 tripod harmful not the testator's death, so the contract will not be considered under any title.
Under the terms of a known reason for this is that if the carrier is required to maintain a property without the owner, because the death of the testator shall become effective ownership and capacity can not be the owner of the other hand, because it can not heir The Holy Quran says: "I value the executrix Yvsy Odin" means leaving 16 dead after separation will be transferred to the testator's heirs, heirs are not transferred to another person who is considered If you are accepted bogen 3021 tripod while the discoverer property of During bogen 3021 tripod the interval between bogen 3021 tripod death and death is accepted, the property owner would not be without.
If allowed to Shrtyt "acceptable" bogen 3021 tripod and we will consider the unilateral obligations to be accepted first argument, if accepted and considered as part of the contract will not be regarded as Kashfyt to the time of death will be difficult because of how "reasonable" bogen 3021 tripod that can be part of a real estate contract

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