The Effect of Guardianship of Heir's Kind on Manner of Merit and Application of Inheritance of Rescission

Although one of the public judgments of rescission in Iranian civil law is the possibility of its transfer to heirs of deceased, there is an argument in manner of merit of heirs for inheritance of rescission and quality of its application between jurisconsults. Iranian civil law in its 445 article has only specified the transferable right of rescission of deceased and it has remained silent on manner of merit and application of heirs on it. Hence, an independent research should be carried out in this case to clarify the juridical opinion of issue in this case. Since issues as the manner of merit of heirs from inheritance of rescission and quality of its application from ambiguity and the judgment of issue are not clear, recent article has addressed these issues. It has acquired and presented the issue with the method of inference from juridical text and it has found the solution of both issues in guardianship of heir's kind in inheritance of rescission. This is an important finding of this research.