Abstract:
This study was an investigation of the authorities and duties of the Executor of a testator's
will in Iranian law and jurisprudence. Law has given the executor the right to assign in his
testament some person(s) to manage some affairs or bring about changes. The affairs may
generally be related to the estate of the deceased or raising the testator's minor children and
managing their properties. Article 1188 in this regard stipulates that, "either the father or
grandfather, after the other's death, can assign an executor for his children who are under his
guardianship, to take care of them after his death and manage their properties". The
executor, assigned by the guardian, will have all the authorities as the guardian.
Executorship for managing the minor's possessions may be limited to a particular issue in
which case the executor will behave within the boundaries of the executorship. If the
executorship is "absolute", the executor is bound to not carry out anything that would
involve mischief that causes harms to persons under guardianship including leasing or
renting the properties, paying off the debts or collecting the claims. The executor can sell the
properties of people under guardianship, even the unmovable ones, if it means no harm or
loss to the people, and there is no need for the prosecutor's permission for doing so, as the
executor represents the forcible guardian, and the guardian does not need the prosecutor's
permission for his deeds.
Machine summary:
"Clamping Msltvn Ali Amvalhm" Article 30 of the Civil Code, which refers to the principle that states that: "Every owner has the right to own property and profit capture all Kone, except in cases where the law has exceptions".
(Langroodi, 1390) Possessory will Article 826 of the Civil Code will define acquisition, "says Possessory will is that the same person or their property to benefit from the acquisition freely to another time after his death ...
Basically, as well as the Iranian civil law, activities are limited executor or guardian and managed to capture on the part of the property disposition applies only to the minor children.
First, guardian, executor is, in fact, granting the province through legacies and their disposition applies only to so as to capture the enjoyment of rights and your property is in need of capacity USG will also have the capacity to be used.
Tehran: Phoenix Publishing) Given the silence of civil law in this case, the general legal principles must pay to extract the correct solution in this case it is necessary to study the history of our rights: Some argue that the executor of the will be eligible during the following reasons: (A) if, prior to conditional clauses So there is no executor Bsrf going to be willing disposition applies only to one successor.
However, in accordance with the provisions of Articles 208 and 209 of non-litigious law, if the executor for the care and custody of children and property disposition applies only to those designated must immediately ask the court wrote wand.