Reevaluating the Evidences of the Invalidity of the Testament on other’s Property (With a Criticizing Perception to the Article 841 of the Civil Law)

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Abstract

Abstract
One of the conditions of testament is the testator’s
possession on the property he is going to will. This condition
has been specified in both judicial references and the civil
law. The substantial point is that what are the consequences of
the absence of this condition and whether the will one makes
on other’s property is inoperative or should be interpreted as
invalid.
There are a group of jurisconsults and legal experts who
believe that such a testament is absolutely invalid however,
juridical references show that there are no credible text
agreeing with this idea, and there is no reason for this
command to be putative between precursors. However, most
of the recent jurisconsults believe that such a testament is
valid in the case of the owner’s execution, based on the
generalities related to the leniency and donation of the
testament, unauthorized transactions, and permissible
principle.
In this paper, through criticizing and analyzing law
experts’ viewpoints about the article 841 of the civil law and
examining jurisconsults’ different opinions, it has been proved
that the testament on other’s property is inoperative like other
unauthorized transactions and there is no reason to except and
thus interpret it as invalid.

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Journal of Studies in Islamic Law & Jurisprudence
Volume 4, Issue 7 - Serial Number 7
April 2013
Pages 101-116

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