أثر اتفاق الورثة في حراسة التركة وقسمتها دراسة فقهية قضائية The effect of the heirs’ agreement on the custody and division of the estate A judicial jurisprudence study | ||
| مجلة کلية الدراسات الإسلامية والعربية للبنات بدمنهور | ||
| Volume 9, Issue 4, June 2024, Pages 477-556 PDF (1.24 M) | ||
| Document Type: المقالة الأصلية | ||
| DOI: 10.21608/jcia.2024.376834 | ||
| Author | ||
| سلمان بن صالح بن محمد الدخيل | ||
| بالمعهد العالي للقضاء ، المملكة العربية السعودية | ||
| Abstract | ||
| إن موضوع قسمة التركات وايصال نصيب كل وارث إلى مستحقه عظيم وكبير، ونظرا لتعطل كثير من التركات بسبب الخلافات، جاء هذا الموضوع لبيان مزايا الاتفاق في قسمة التركة وحراستها، و اختلاف الورثة يفضي لخسائر في أموال التركة وتأخرها، وقد تتبعت ما جاء في في الأنظمة العدلية من حث على الصلح والمخارجة وأسميته ( The issue of dividing the estate and delivering the share of each heir to its deserving person is great and large, and given the disruption of many estates due to disputes, this topic came to explain the advantages of agreement in dividing the estate and guarding it, and the disagreement between the heirs leads to losses in the estate’s funds and their delay, and I followed what was stated in the judicial systems. Who urged reconciliation and divorce and its name (The effect of the heirs’ agreement on the custody and division of the estate, a judicial jurisprudential study). The heirs’ agreement is the quickest way to divide and preserve the estate, and not charge the estate any additional amounts, and it was concluded as follows. What is meant by the agreement of the heirs is that they agree on a specific procedure, such as guarding and preserving the estate Or filter it. What is meant by custody is the continuous preservation of the thing, and if judicial is added, what is meant is that its source is the judicial ruling, which is binding. The meaning of division is separation and division, and it is intended to distinguish common rights and separate shares from one another. Inheritance is the plural of inheritance, which is what the deceased leaves behind in terms of money or rights. Or specialty. The concerned parties - the heirs - collectively have the right to request the appointment of a guard, and the department must respond without assessing the danger. The parties concerned - the heirs - have the right to appoint the receiver and liquidator of his choice. The concerned parties - the heirs - have the right, by agreement, to appoint a guardianship council for the estate, consisting of two or more guardians. The guardianship will be for them together, and none of them will be alone in guarding. The concerned parties - the heirs - have the right to terminate the guardianship contract, by agreement. The interested parties - the heirs - have the right to agree on a settlement, which is the sharing of benefits in time or place. The liquidator has the right to divide the estate between the heirs by mutual consent after settling debts and bequests. If the heirs prove their agreement to liquidate in court, it becomes binding on them, and the agreement facilitates this. | ||
| Keywords | ||
| اتفاق; الورثة; حراسة; التركات; القضائية Agreement; Heirs; Guardianship; Estates; Judicial | ||
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