The Heir's Right to Break a Contract

The laws regarding the inheritance in the Civil Code are ýimperative and therefore a person’s will or personal opinions ýcannot determine their limits and conditions. The policy-maker ýhas explained the obligations and legal rules in this case by ýdrawing upon the fundamentals of Imamyeh jurisprudence. ýConcerning the right to break a contract by the heir, the Civil ýCode sufficed it to write Article ýþ445þý in which all options ýdescend after death to the heir of the deceased, and in two ýmore articles after that we read about the exceptions to this ýrule.ý Thus, according to the Article ýþ167þý [Rule of Law for ýJudiciary] of the Constitution of the Islamic Republic of Iran ýwhich stipulates that judges must make use of ‘Islamic sources ýand fatwas, in matters where the Iranian law books are silent, ýwe deem it necessary to refer to reliable judiciary opinions. ýHowever, since there is no consensus among the grand jurists ýregarding the aforementioned issue and each of the theories ýentails different legal actions, there are different jurisdictional ýtrends which lead to unjust legal investigations. Thus, it is ýnecessary to study this issue by referring to legal rules and ýprinciples. In the present study, reliable and authentic ýjurisprudential books and sources were scrutinized in a data-ýgathering approach and different opinions were explained in ýorder to present a verdict which is more in alliance with the ýspirit of law and witnesses’ and documents’ information. ý