Legal Situation of Estate of a Debtor Deceased in Settlement Period

Making a balance between rights of creditors and heirs as
to the estate of a debtor deceased is among most
fundamental juristic problems which has been taken into
consideration by Shi’a jurists from a long time ago.
Discussions such as rights of debtors as to the estate,status
of definite disposal of the estate by heirs before settlement,
and the like can be surveyed in this connection. The
problem of the time when the estate is transferred to the
heir, however, is among most fundamental problems in
such a way that all other problems are considered its
branches and results;that is why the said problem has been
a matter of detailed discussions.Different opinions are
presented by Shi’a jurists and contemporary lawyers in
this connection, andthe Article 868 of the Iranian civil
code has also dealt with this problem.
Detailed presentation of opinions mentioned in
jurisprudence and law concerning that problem along with
their criticism and survey can assist us in becoming more
knowledgeable of theoretical essentials of the civil code.
Presenting relative opinions in detail and criticizing them,
the present essay indicates that the estate of the deceased
transfers altogether to his heirs as soon as he dies – though
right of creditors are considered in it before clearance –
and deals with juristic and legal effects and results of this
theory.