Reevaluating the Evidences of the Invalidity of the Testament on other's Property (With a Criticizing Perception to the Article 841 of the Civil Law)

One of the conditions of testament is the testator’s possession on the property he is going to will. This condition has been specified in both judicial references and the civil law. The substantial point is that what are the consequences of the absence of this condition; and whether the will one makes on other’s property is inoperative or should be interpreted as invalid.There are a group of jurisconsults and legal experts who believe that such a testament is absolutely invalid; however, juridical references show that there are no credible text agreeing with this idea, and there is no reason for this command to be putative between precursors. However, most of the recent jurisconsults believe that such a testament is valid in the case of the owner’s execution, based on the generalities related to the leniency and donation of the testament, unauthorized transactions, and permissible principle.In this paper, through criticizing and analyzing law experts’ viewpoints about the article 841 of the civil law and examining jurisconsults’ different opinions, it has been proved that the testament on other’s property is inoperative like other unauthorized transactions and there is no reason to except and thus interpret it as invalid.