Volume 7, Issue 1 (2003)
CLR 2003, 7(1): 73-90 |
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Sadeghy M. The Responsibility of Inheritors for the Obligations, Debts, Convictions of and Actions Against the Decedent. CLR 2003; 7 (1) :73-90
URL: http://clr.modares.ac.ir/article-20-571-en.html
URL: http://clr.modares.ac.ir/article-20-571-en.html
Assistant Professor department of low. Tarbiat Modarrcs University
Abstract: (14579 Views)
Mahmoud Sadeghy
Assistant Professor Department of Law, Tarbiat Modarres University
As a general rule inheritors have no responsibility for the obligations, debts and other exigences of their decedent, because any person is responsible for the fulfilment of his/her obligations towards others and the human entity, which can be subject of rights and duties towards othrers, will decline by death. Nevertheless, if the decedent leaves some legacy and the inheritors accept it, then they will take charge of the settlement of the legacy, but if they reject the legacy, they have no responsibility and the court will take charge of the settlement of legacy. The acceptance of the legacy by the inheritors is the evidence of its sufficiency for the debts and, by the expression of acceptance, the inheritors will impliedly bound to pay decedent's debts, nevertheless, the inheritors who accepted the legacy will have no duty for the payment of debt beyond the legacy value if he/she can prove that the legacy is not sufficient for the debts . The inheritors take charge of the execution of the civil and pecuniary convictions of decedent and the compensation of loss and detriment arising of his/her crime to the extent of the legacy value, but they have no responsibility for his/her personal criminal convictions, such as corporal and depriving of freedom panishments and pecuniary fine. The civil action will temporarily stop after the death of the defendant and it will run again after determination of the defendant's successor, but the criminal action will completely lapse at the moment of the accused death, unless it has a private aspect beside the pubilc aspect, so the action will run again after determination of the successor like the civil action.
Keywords: Acceptance of Legacy, Settlement of Legacy, Responsibility of Inheritors, Debts of Decedent, Nonlitigious Affairs
Received: 2012/04/30 | Accepted: 2012/04/30 | Published: 2012/04/30
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