نوع مقاله : علمی-تخصصی
نویسنده
نویسنده و پژوهشگر حوزه حقوق
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
One of the notable issues is the conflict of laws in private international law, inheritance and the way of arranging heirs, the difference in the lines of inheritance, nationality and withholding. The approach of legal systems in the case of intestate deceased, towards the implementation of the legislator's will in dividing the estate among heirs, is almost the same; but with the intervention of a foreign factor in the laws of each country, the approach of the systems in the basis of dividing the deceased's property is dual. Some consider the basis of division to be the national law and others the law of the seat of the court; even in movable and immovable estates, the reaction of legislators in whether the law of the owner's residence or the law of the place of occurrence of the property is competent is different. The approach of legislators of Iran, Afghanistan and Egypt towards the application of the national law of the deceased is the same; but there are differences in the lines of inheritance, nationality and withholding in the case of a foreign factor (from religion). The purpose of this research is to examine this difference of views, which necessitates comparative research among legal systems such as Iran, Afghanistan, and Egypt, in order to take a small step towards legal unification between the aforementioned countries.
کلیدواژهها [English]
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