Judgment

Judgment

Feasibility of contagion of Hadm (destruction) and drowning verdict in inheritance to other causes of death

Document Type : Scientific

Authors
1 به انگلیسی می‌شود: **Faculty Member at the University of Religions and Denominations**
2 Private law, Faculty of Law, University of Religions and Denominations, Qom, Iran
3 Private law, Faculty of Law, University of Religions and Denominations, Qom,Iran
10.22034/judg.2026.2081965.1652
Abstract
According to Article 873 of the Civil Code, If the date of death of the persons inheriting from each other is unknown and the precedence and backwardness of none is known, the aforementioned persons do not inherit from each other unless death occurs due to drowning or destruction, in this case, they inherit from each other. In contrast to this view, which is attributed to famous jurists, some great jurists believe that the ruling on drowning and destruction can be extended to other causes of death. Therefore, the question that arises is: Are there other causes of death, such as accidents, work accidents, fires, and plane crashes, where the priority or delay in the death of the heir and the deceased is not known, is it subject to the ruling at the beginning of that legal article or the subject to the following? This article seeks to analyze the answer to this question by examining jurisprudential and legal texts so that the answer can end to the ambiguities raised in the country's courts.
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Volume 26, Issue 125
Spring 2026
Pages 61-90

  • Receive Date 25 December 2025
  • Revise Date 07 January 2026
  • Accept Date 24 February 2026