Inheritance of a child caused by mistake in medical fertility in Iran, England and France

Articles in Press

Document Type : Original Article

Authors

1 Private Law, Kharazmi University, Associate Professor

2 univercity of tehran

10.48308/jlr.2024.234221.2643

Abstract

In case of an effective mistake, the financial effects of medical fertility may be affected, one of the most important of which is inheritance. The category of the right or ruling of inheritance, as well as the limitation of its causes and obstacles, causes differences of opinion in the field of inheritance. Especially in the field of heterozygous fertility (with the intervention of a third party), the question that arises is whether the child born from donation will be deprived of inheritance in case of an effective mistake or not? In addition, under the assumption of no deprivation, its also challenging to know from whom one inherits. Using library and descriptive-analytical method, the leading research has tried to prove this hypothesis that the capacity of Article 864 of the Civil Code of Iran and non-limitation of causal heirs is the optimal solution for inheritance. Taking a child as a result of donation is done in different ways and seems to have the least jurisprudential-legal challenge, and the Shari' and legal permission for depriving a child of inheritance due to mistake isnot recognized. In English and French law, by using the theory of legal descent and identifying the child from donation as a natural and legal child, the couple has avoided further challenges, and thus, in the event of an effective mistake, there are many child support institutions. They will protect against possible risks and the capacity of an efficient and advanced damages compensation system can effectively support the injured party.

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Legal Research Quarterly

Articles in Press, Accepted Manuscript
Available Online from 26 November 2024

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History

  • Receive Date: 23 December 2023
  • Revise Date: 12 November 2024
  • Accept Date: 26 November 2024

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