inheritance

Having children is one of the most important duties that God has planned for spouses. A man and a woman start living together with the aim of having a child; however, in some situations, couples may not be able to have children through natural insemination, and in recent years, by using the scientific methods of artificial insemination, they have been granted the possibility of having children through artificial and laboratory methods. One of the most important effects of It is an inheritance that happens to all people. All people during their lifetime may inherit or transfer their property to their survivors after death. Different countries conside different bases for inheritance, such as biological or legal descent. In new pregnancies, since various challenges have arisen regarding the lineage. Inheritance also faces various problems. Who inherits in this type of insemination? What is the position of sperm owners in inheritance? How can parents inherit or transfer their inheritance? These are important issues that should be discussed in this article. Therefore, the current research investigates the inheritance caused by artificial pregnancies.

In natural pregnancies, the relationship of the child to the parents is clear and there is less doubt in this field. But with the advent of artificial pregnancies, the issue of the parentage of the child has many different opinions. Some believe that the lineage of the child goes back to the owners of the sperm, while others consider the applicant couple to be the true parents of the child. A group of jurists did not accept the descent caused by this pregnancy and another group confirmed it conditionally. The most important question that is raised in this area is what is the parentage of the born child? The joining of the child to the parents of the sperm owner or the applicant can have many effects for them; In fact, with the fulfillment of lineage; Parents are obliged to pay alimony, maintain and raise a child, and privacy due to marriage are important issues that each has different issues in jurisprudence and law. Therefore, the current research examines the lineage of children resulting from the birth of artificial pregnancies and discusses its effects.

Among the jurisprudential legal issues in the civil domain of the family, which has a special importance and place, are issues related to inheritance. Among the inheritance of husband and wife from each other, there is a special legal and jurisprudential prominence that the extent and manner of inheritance of the wife from the husband has its own challenges. Among the cases in which the wife inherits from her husband in a traditional way and according to the famous opinion of jurists, the wife inherits from the movable property of the husband and the price of the land and trees as stated in Article 861 of the Civil Code. But with the social developments and various studies that existed from the groups, the orientation of the wife's inheritance from the immovable property of the husband has been strengthened and the opinion of the unpopular jurist in this direction has been prominently displayed to the extent that Madin 946 and 947 of the Civil Code in 1387 reformed and the context of inheritance. The wife was provided with all the husband's property (movable and immovable) and it was stated that the wife inherits from the husband's property as a whole, although in the part of the immovable property, from its price, and if the heirs refuse to pay the price, the wife can claim her right from The same property should also be confiscated. This doubles the consolidation and mental security of the family and improves its health status and finally provides mental peace for the couple. In the upcoming research, the jurisprudential review of the aforementioned regulations has been done using the library method and content analysis with library tools and study data, and many ambiguities and questions have been answered in this field.

Throughout history, there have been rulings on property and assets that are a part of this system that states the quality of property transfer and the factors and reasons for non-transfer. The Civil Code of Iran, in articles 864, 862 and 861, in addition to stating the method of inheritance transfer, in articles 880 to 885, it lists the factors and reasons for not transferring the inheritance. Obstacles to murder, infidelity, cursing and birth from adultery are among the factors that Iranian civil law considers as obstacles to inheritance, although scholars and jurists do not agree on the determination of obstacles to inheritance, but the writers of the civil law define the mentioned obstacles based on their opinion. Famous scholars have stated.

This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.

Ethical Considerations:

In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.

Inheritance is one of the social institutions in which legal rules and principles have not been introduced and in the periods of the history of nations, it is based on social traditions and customs and for this reason, in the mentioned institution, the customs and traditions of nations and religious traditions is more important. Legal rules are relied upon and Iranian law is not exempt from this practice and one of the complex legal issues of the Iranian system is the personality status of non-Shia Iranians, of which inheritance is one of the examples.

The transfer and placement of the estate is done from the deceased to the heir when the causes and conditions of inheritance are met, but this transfer is complete when there is no obstacle to the proper effect. These are the causes of inheritance barriers. The famous view in Shia jurisprudence states that the only famous document in the discussion; The prohibition of inheriting an unbelieving heir from his unbelieving heir has been unanimous. Such a point of view in Shia jurisprudence is accepted by everyone, not that every jurist has a special opinion about this, so the Imami jurists are of the opinion that a Muslim inherits from an infidel and prohibits the heirs of an infidel from inheriting.

The general rule of inheritance has one exception, and that is the issue of inheritance between the drowned and the downtrodden. The purpose of this article is to explain the possibility of extending the sentence to other similar cases of drowning in case of ignorance of the date of death of two or more people.

The article is descriptive-analytical and uses the library method to study the subject and data collection has been done by referring to documents, books and articles.

It should be considered that death is not characteristic of drowning or drowning; Because the meaning of wrong judgment and ignorance is in the precedence and delay of death. Also, the cause of inheritance in the two titles of drowning and drowning is to eliminate the effect of ignorance on the date of death and to establish its precedence and delay among the heirs. Therefore, the cause that requires inheritance in drowning and mourning is also present in other similar cases.

 In all stages of writing the present study, while respecting the originality of the texts, honesty and trustworthiness have been observed.

The esteemed legislator should take a corrective look at Article 873 of the Civil Code and the exceptions to it, or at least the esteemed judges should show more flexibility in interpreting the concept of drowning and demolition Assist the realization of the right to inheritance of heirs.

Objective (s):

 This article discusses about developing concept of causality in inheritance of children born through assisted reproductive technologies with third party intervention by referring to jurisprudential standards, philosophy of law, general rules of contracts and the legal systems in different countries including Iran.

A through review was conducted in order to develop the concept of causality in inheritance of children born through A.R.Ts with third party intervention.

We can rationalize reciprocal inheritance of the child born by assisted reproductive technologies (ARTs) with third party intervention and adoptive parents by virtue in An-Nissa  Sura, Verse 33, where the implied terms by contract and jurisprudential principle that says ‘Imam is the heir of a person who has no heir’.
And if so there is no genetic relationship between the two parties in guarantee of crime and matrimony, but the reciprocal inheritance is predicted, and now we can apply this structure in the mentioned relationship.

The legislator, through contract and the implied terms, can design a specific model for reciprocal inheritance between these children and their adoptive parents, despite the absence of genetic relationship between them, so that these children can inherit from their parents as other children.

Infertility in the world today is no longer an inescapable problem, and doctors have been able to solve the problem of infertile treatment in a coherent way. The birth of children by artificial insemination is in the following ways: 1) Insemination by husband’s sperm with egg inside the uterus or out of it for fertilization, and 2) Inoculation by another sperm (stranger-donor) inside or outside the uterus. In the case of the guardianship of such a child, in the first place, the Islamic scholars (Faghi) do not have a particular problem with such insinuation, and share the same belief that both the natural parents have the guardianship of the child.
The main issue is when donor sperm-other than the husband’s sperm- is used. Most jurists consider such an insemination and the born child as unlawful; it is only considered as related to man and woman when they are ignorant to inoculation.
In the legal context the guardianship in light of the sperm fertilization with the wife, whether inside the uterus or outside belongs to both of them. In case of fertilization with donor sperm apart from the husband’s, in the case of ignorance to the child, the guardianship belongs to both of them. However in case of knowledge, and from the jurisprudence point of view the born child is considered as suspicious and adultery case.
However, it seems that in light of the legal developments in the modern world, the child can be joined to the parents with respect to the international conventions in the domestic law of the countries. But in our domestic law and according to the jurisprudential principles, the guardianship belongs to the genuine father and the mother of the child. And only under certain conditions other individuals can be given the right to meet or have the guardianship of these children. The present research has been done in a descriptive-analytical method.

Throughout history, the expression of theories, inventions, and the production of new knowledge in the context of an unusual and unlikely phenomenon has always been a source of chaos among scholars and jurists. As for the human cloning issue, such an event was not unexpected. Human cloning technology, through existing knowledge, has created increasing concerns and concerns among scholars and scholars of religion, ethics and law, whose judgments require scrutiny. Investigating the effects and judgments of this phenomenon from different points of view is the subject of this research because it is one of the hidden issues of jurisprudence and law that its judgments and effects need further investigation. The legal rulings of the simulated human can be related to kinship, inheritance, nobility, will, guardianship and alimony. Regarding the legal effects and effects of simulation, it should be said that the human beings caused by the simulation have no difference from the point of view of legal provisions and that the most important legal effect of human simulation is the realization of similar ancestry. Because kinship is not the truth of the law but is a mystical concept, kinship is similar in many ways to being a productive scientist and is similar to that of his or her natural parent, and the custom of anyone who considers mother or father alike. That person will be ascribed and joined.

With the development of medical knowledge in the field of treatment of infertility, jurisprudence and legal issues have raised about it, among which is inheritance of fetus produced through modern fertility techniques. Given "inheritance" is a civil right of the fetus, so, the question is that what is the inheritance status of child produced through modern fertility techniques? Thus the purpose of this research is study of inheritance fetus in view point of jurisprudence and law. We have utilized library and documentary methods in collecting of content and style of writing is descriptive, reasoning, analytical interpretationall. So, in the intrauterine insemination techniques, IVF and surrogacy in which sperm and eggs are taken from the couple, there is no doubt that the child and the couple inherit from each other; however, when it comes to embryo donation and gamete donation techniques in which sperm or eggs are obtained from persons other than the couple, parents are donors of sperm and egg and therefore it is them who have an inheritance relationship with the fetus. In emerging techniques of ovary transplant or testicular transplant after transplantation, the transplanted organ constitutes the original organ of the donee and since egg or sperm is produced in the body of donee after transplantation, the parents of the child produced by this technique are the dones couple and inheritance relationship exists between the child and the couple like it exists between the couple and their other children.