The Study and Criticism of Juridical Scope of Evidence in Inheritance Option

Abstract

Civil law has known each of the rescissions transferable to heir after the death of praepositus. This opinion has been attributed to jurisconsults' consensus but recent research will show that claim of being consentant of this judgement conflicts with disagreement of well-known jurisconsults in rescission of inheritance 1.Husband for wife, 2.Condition for alien, 3.primogeniture for except of big son, 4.session of sale with death of one of the parties of contract. Since the main way of validity and nullity deliberation of juridical issue is studying itsevidence so it should be studied juridical scope of evidence in inheritance option so that standpoint of twelve shi'ite muslims law acquires and presents from evidence in it. Recent article wants to do this and it has done it with the method of inference from valid sources of twelve shi'ite Muslims law and on the strength of library method. This subject-matter is important finding of this research.

Keywords

• rescission
• inheritance
• right
• judgement
• juridical evidence