نوع مقاله : مقاله پژوهشی
1 کارشناس ارشد حقوق خصوصی، دانشکده ادبیات و علوم انسانی، دانشگاه آزاد اسلامی واحد اردبیل. (نویسنده مسئول)
2 کارشناس ارشد حقوق خصوصی، دانشکده ادبیات و علوم انسانی، دانشگاه آزاد اسلامی واحد اردبیل.
عنوان مقاله [English]
Expropriation takes place in two dimensions. One is in the field of civil works and urban planning, in which the government and government institutions and municipalities, in accordance with laws and regulations and through formalities based on their needs, take ownership of private persons. And another in order to provide housing and solve this social problem of expropriation. The purpose of this study is how to expropriate property from inherited property in terms of Islamic jurisprudence and Iranian law. The research method is descriptive and analytical and the research results indicate that Regarding the heirs, there are three theories among the jurists, which are limited wills to one-third, the excess of which belongs to the Imam A will in excess of one-third for charitable purposes only and a will in excess of one-third in any amount. If a person dies and none of the heirs, relative or causal, is the subject of Articles 862 and 864 of the Civil Code, according to Article 866 of the Civil Code, the assignment of the will will be the responsibility of the ruler. This article, which is about the deceased without a heir, only leaves the matter to the ruler, but does not provide any ruling on issues such as the limits of the ruling authority and the quality of possession of the deceased by him and how to possess it. This is a flaw in the law. Madani caused the legislator to address this issue by passing the law on civil affairs and clearing up any ambiguities.