the possibility of resignation of testamentary executor in contractual will
Subject Areas :
morteza rahimi
1
(shirazuniversity)
Keywords: Parents, contractual will, testamentary executor, resignation, offspring,
Abstract :
According to article 834 of Civil Law in contractual will, the executor can reject the testament as far as the testator is alive. If he/she did not reject that, the testament cannot be rejected after the death of testator; even if he knows nothing about contractual will. This article does not differentiate between the son of testator and others. But some jurists differentiate the rejection by the son of testator and others. They refer to a hadith and justifying that by considering it as parental ingratitude and conclude that testament cannot be rejected by the son. However, this hadith is weak in terms of reference and concept. Therefore, most of the jurists believe that offspring can reject the will. On the other hand, rejection of the will is not allowed if it is interpreted as disrespect and harassment. Obedience of the father is desirable and the executor of the mother is the same as the father’s. If the executor is not the offspring of the testator, the executor has the right to reject the will when the testator is alive providing that he/she announces the decision to the testator. Forbidding the resignation of the executor in the event of a personal affliction or the inability or difficulty of the affairs of the will may cause a confusion. Furthermore, you cannot make people to do something without considering their satisfaction. Accordingly, article 834 of Civil Law is limited to the cases when executor is capable of doing the will .
_||_
