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رؤية قانونية في الوصية الواجبة (دراسة تحليلية في القانون العراقي) | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 11, Issue 2, September 2020, Pages 300-324 PDF (1.17 M) | ||
| Author | ||
| م.م محمد سعيد السعداوي | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| The infringement of the obligatory will with the provisions of the inheritance and its financial amounts, made its legitimacy a subject for consideration by the specialists and taxpayers. Rather, its legal decision may have left a religious embarrassment on the part of its legal solution, and caused financial disputes among the heirs around it.The legislator was seeking by approving the obligatory will to treat the non-obtaining of the grandchildren (the deceased father or their mother before the death of his father or his inherited mother) from the inheritance of their grandfather or their grandmother on a share, to withhold them by the class of uncles closest to those deceased, despite the participation of their parents in building the wealth in place of the inheritance because it is often wealth family creation, albeit individual nomenclature and familial. Even as if he made her a legal inheritance in contrast to the legal inheritance, according to the provisions that were organized for her. In it, it is transferred to the children of the deceased son or daughter before their father or mother their entitlement from the inheritance of their father or mother, by assuming the life of the deceased son before the death of (his father) the grandfather or grandmother when distributing their estate so that his share is estimated for him and given to his children (grandchildren), who are supposed to be deprived oF it in the legal inheritance systems. But it is a legislative approach that is not based on solid legal evidence, but rather neglects the jurisprudential orientations of the general duty of Iraqis. In addition to the suffering of the text of Article (74) of the Iraqi Personal Status Law No. 188 of 1959, as amended, which decided the obligatory will from formulative and judgmental flaws, it almost Fails at times to deliver the funds subject of the will to its actual recipients. Which is based on simple research and suggest what modifies his tendency | ||
| Keywords | ||
| the obligatory will; law; jurisprudence; grandchildren; heritage | ||
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