Book V
Inheritance Part I
General Provisions Definition of the estate
344.
The estate is such property benefits and financial rights, as may be left by the deceased.
The rights relating to the estate
345.
There shall relate to the estate rights, part of which are precedent to the others, arrangement: (a)
expenses of preparing the deceased for burial;
(b)
repayment of the deceased's debts;
(c)
the legacy;
(d)
giving the rest of the estate to the heirs.
Inheritance definition
346.
Inheritance is the destined transfer of the properly, benefits and financial rights by the owner's death to
whoever may be entitled thereto.
Inheritance pillars
347.
Inheritance pillars are: (a)
the testator;
(b)
the heir;
(c)
the estate.
Reasons of inheritance
348.
Reasons of inheritance are marriage and relationship.
Inheritance conditions
349.
Inheritance conditions are: (a)
death of the testator, de facto, or de jure;
(b)
the heir's life at the death of the testator, de facto, or de jure;
(c)
knowledge of the body conducive to inheritance.
Deprival of the inheritance
350.
There shall be deprived of inheritance everyone, who kills his testator by willful aggression whether he is a
principal, accomplice or causing; on condition that the killer, upon committing the act shall be sane and has
attained the limit of criminal responsibility.
Religion difference
351.
No inheritance shall be with difference of religion.
Death of two or more of whoever have inheritance between them
352.
Where two or more die and have inheritance between them; and the death of the precedent or the
subsequent, is unknown, no one thereof shall be entitled in the estate of the other.
Part II
Classes of Heirs and their Rights Chapter I
General provisions Aspects of inheritance
353.
Inheritance shall be by Sharia share {Fard}, consanguinity, by them together or by uterine relationship.
Arrangement of those entitled to the estate
554. The arrangement of those entitled to the estate shall be as follows, namely: (a)
those of sharia shares;
(b)
consanguineous relatives;
(c)
restoration to those of Sharia shares other than the spouses;
(d)
uterine relatives;
(e)
restoration to one of the spouses;
(f)
the one to whom affinity is admitted attributed to others;
(g)
the legatee of what exceeds the limit within which the legacy is executed.;
(h)
the public treasury.
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