ماهيت حقوقي قبول و رد تركه

THE NATURE OF ACCEPTANCE AND THE CASE OF PATRIMONIUM REFUSAL IN (THE ESTATE OF DECEASED)

The technical term of acceptance and refusal in the ease of patrimonium (the estate of deceased); which has been used in inheritance procedure act; dose not mean; automatically; the acceptancc and refusal of inheritance; because it is occurred by the law and; inheritance; acccptance and refusal of the estate deceased has no role in its occurrence. However; the existence of the principle of acceptance and refusal in that case shall affect in legal relation between legator an heirs; his/her creditors of legator. Acceptancc and refusal is not realized without intention of heirs; because they arc intentional acts. Sincc; the acceptance and refusal in that case means acccptance or refusal of capacity of estate-executor; due to the having authority; capacity in vindication of rights and free intention; therefore acceptance and refusal of person under duress is not valid.