Analyzing the amount of wife's inherited from immovable property and the option to terminate it's contracts
Author(s):
Abstract:
From long time ago, one of differences between jurisconsults and lawyers is the amount of wifes inherited her husbands immovable property. The civil law of Iran before 1387 followed up the famous opinion of jurisconsults in act 946, but from 1387 accepted the obscure opinion with a new amendment that this opinion seems more logical with the review of reasons. In consequence of differences in the amount of wifes inherited from immovable property, also there are some differences about the right of wifes option from the contracts of husbands immovable property such as land and house. In one of both cases exist five opinions. Because of the civil law somehow deprives wife in husbands immovable property before and after correction, this question is mentioned that despite the deprivation of wife from the same husbands immovable property, Is she inherited from the option right to terminate the contract of immovable property or not? The answer of this question doesnt mention in law and is one of come down with problems in society. In this research after studying the amount of wifes inherited from immovable property and its reasons, obtained different opinions about the amount of option right of wife from immovable property that is done in descriptive analysis method, That the fifth opinion means the wife to be right of option in case of the sale of immovable property and deprivation from option right, if the husband buy immovable property, is prefered.
Keywords:
Wife , immovable property , inherited , option , contract
Language:
Persian
Published:
Womens Strategic Studies, Volume:18 Issue: 72, 2016
Page:
81
https://www.magiran.com/p1696580