Document Type : Specialized Article

Authors

• Mohammad hasan Sadeghi Moghadam ¹
• MohammadMahdi MirJalili ²

¹ Faculty Member of Tehran University

² Master of Private Law

Abstract

Article 838 of the Civil Code stipulates that a person may refer to his will. Referring to the will is a condition that is intended by the legislator to make an appointment to seek his will at any time. The legislator expresses this issue in a concise manner and remains silent about its nature and its works and judgments. Referral from the will may be explicit or implied. In an implicit reference, the will is impacted by any act or seizure which implies the return of a void. Jurisprudents and jurists have controversy over some implied assumptions. Another point that has been disputed in the context of the reference to the will is the right or order to refer to the will. If the reference to the will is in the form of sentences, then he can not dismiss it, and in any case, it is possible for him to refer to his will. If, however, if the right to see the will is possible, it is possible for a person to forfeit his right to claim; therefore, it will not be possible for him to return a will. In the assumption that the reference is to be made from the will, the referral is also necessary. It seems that the essence of the reference to the will is the separation from the will; also, according to the philosophy of the statute of the will of the institution, it should be a reference to the will of the category of the sentence, which is the last will of will in any case, ruling wills. Therefore, there is still the possibility to make a request for it.

Keywords

• revocation
• will
• nature
• right
• sentence
• exclusion