نوع مقاله : مقاله پژوهشی
1 تحقیقات بنیادین
2 دانشجوی دکتری حقوق خصوصی دانشگاه علوم اسلامی رضوی مشهد مقدس
3 گروه حقوق و علوم سیاسی دانشکده ادبیات دانشگاه بیرجند
4 کارشناس ارشد حقوق خصوصی دانشگاه رضوی
عنوان مقاله [English]
Abstract: According to the Quran and traditions Options are one of the rights of the person and will be transferred to his inheritor after his death. Although the Transfer of Options to the inheritor has been accepted in Article 445 of the Iranian Civil Code, However, there isn’t any provision about how to apply this right when Number of heirs is more than one person. Undoubtly if all of the inheritor agree on the termination of the contract, the contract will be rescind and Also, if they agree on the Remaining contract. But there are several views and perspectives if they have different opinion. These views are: Theory that gives an independent right in all of the option right to any one of the inheritor, Theory that gives an independent right to any one of the inheritor in his share, Theory that gives options right to inheritor title So that if one of them rescisse the contract, the contract will be revocated, Theory says This right belongs to all inheritor؛ they shall aplly this right only together. After review and critique of all theories in this article the fourth theory was chosen as the final jurisprudence and legal solution.