Document Type : Original Article

Authors

• Asadollah Emami ¹
• Mohammad Hossein Esfandiarpoor ²

¹ Entire faculty member of the Department of Private Law at Tehran University

² PhD Student of Oil & gas Law at Imam Sadiq(a.s) University

Abstract

The will as one of the most practical used legal entities, is not discussed in Iranian law (in Legal resources like the Rules, Legal practice and Doctrine) as much as the Islamic jurisprudence. Therefore, it is essential that this important legal entity is recognized in the first phase in terms of its nature and then the various aspects of it, such as the elements, the scope of responsibilities, the conditions of each of the pillars and the guarantee of their lack of implementation, are discussed. The main objective of the paper is to identify the legal nature of the will and to determine its pillars so it seems that comparing wills with similar legal entities, such as trusteeship, lawyers, etc. can help us achieve this goal. We conclude that the testament is inherently voluntary in nature and it’s a unilateral obligation. Also its nature is close to the province. Given the subject matter of the will and the mission, the will can be divided into three categories of wills on individuals, property and actions.

Keywords

• will
• Types of Will
• nature
• Similar Legal Action
• comparison