The Legal Nature of a Will مقاله

خلاصه ماشینی:

The Theory of Perfect but Unstable Ownership According to this theory of the testamentary will: Firstly: It is a suspended act contingent upon the death of the testator; Secondly: Upon the death of the testator, the beneficiary is automatically recognized as the owner of the bequest, even if they are not aware of the will and the testator's death; Thirdly: This act is binding upon the death of the testator and is valid with respect to the beneficiary until they announce their acceptance, and as a result, their ownership is unstable, but because the goal of this This permissibility leads to necessity, so if the beneficiary dies before acceptance, the criterion of Article 459 of the Civil Code does not apply in this case. Considering these examples, in a testamentary will, we say: Firstly: The will is an act suspended upon the death of the testator; Secondly: After the death of the testator, a financial right arises based on the unilateral intention of the testator, which is of the nature of 'Milk al-Yamluk', and the beneficiary can achieve complete and final transfer of ownership by announcing acceptance (based on Article 728 of the Civil Code). Therefore, the following points are acceptable: A: With the existence of the 'Milk al-Yamluk' right of the beneficiary, the ownership of the heirs of the testator in the bequest is unstable (Article 868 of the Civil Code).