Document Type : Original Article

Author

• Ehsan Mahboobi Nieh

Graduated Degree of Private Law at Imam Sadiq(a.s) University

Abstract

According to jurists and jurists, death and bankruptcy are occurring. There are disagreements between jurists and jurists on the issue of divination. In the case of the jurisdiction of the court, some of the debts and obligations, whether contractual or non-contractual, are based on the principle of "incurring a lump sum" and are subject to this rule. In the relative solvency, compulsory deductions will be enforceable, while Absolute solvation, discounts and degradation are not made. Accordingly, there is no difference between civil law and commerce in terms of solvation, and, on both bases, absolute solvation is accepted. This difference stems from a different attitude toward the meaning of religion and commitment. The jurisprudence of the Imamiyah jurisprudence is that the possibility of violating the rights of the soul by the heirs and also based on the rule of law in this area cannot be invoked because firstly, the destruction of property and the walnut by the heir is a possible aspect and is not credible. And secondly, it is owed to the possibility of property damage, and before the death, because the property also owes public credit to creditors. Therefore, the mere possibility of the property being wiped out by the heirs cannot be ruled out in accordance with the rule of law and in defense of the ruling. Therefore, according to the rule of "Llagl Ibn-i-e-Thoman", the other party to the deceased as a contractor of the Ajllah has spent part of his salary in order to obtain an obligation from the obligated party, and therefore the non-survival of Ajl is condemned to be free. It is suggested that in the area of the resolution of the deceased and insolvent decision-making theory, according to which the inheritance of the law will not be eliminated unconditionally and not subject to the rule of unfairness, it is accepted. The basis accepted in jurisprudence and law of Iran can be cited.

Keywords

• religion
• Ajl
• Devil Whale
• Solvent
• Absolute