University of Tehran Law Quarterly 2588-5618 39 3 2009 09 23 THE NATURE OF ACCEPTANCE AND THE CASE OF PATRIMONIUM REFUSAL IN THE ESTATE OF DECEASED THE NATURE OF ACCEPTANCE AND THE CASE OF PATRIMONIUM REFUSAL IN THE ESTATE OF DECEASED 20120 FA Sayyed Mortaza Qasemzadeh Journal Article 1970 01 01 The technical term of acceptance and refusal in the case of patrimonium (the estate of deceased); which has been used in inheritance procedure act; dose not mean; automatically; the acceptance and refusal of inheritance; because it is occurred by the law and; inheritance; acceptance and refusal of the estate deceased has no role in its occurrence. However; the existence of the principle of acceptance and refusal in that case shall affect in legal relation between legator an heirs; his/her creditors of legator. Acceptance and refusal is not realized without intention of heirs; because they are intentional acts. Since; the acceptance and refusal in that case means acceptance or refusal of capacity of estate-executor; due to the having authority; capacity in vindication of rights and free intention; therefore acceptance and refusal of person under duress is not valid. The technical term of acceptance and refusal in the case of patrimonium (the estate of deceased); which has been used in inheritance procedure act; dose not mean; automatically; the acceptance and refusal of inheritance; because it is occurred by the law and; inheritance; acceptance and refusal of the estate deceased has no role in its occurrence. However; the existence of the principle of acceptance and refusal in that case shall affect in legal relation between legator an heirs; his/her creditors of legator. Acceptance and refusal is not realized without intention of heirs; because they are intentional acts. Since; the acceptance and refusal in that case means acceptance or refusal of capacity of estate-executor; due to the having authority; capacity in vindication of rights and free intention; therefore acceptance and refusal of person under duress is not valid. https://jlq.ut.ac.ir/article_20120_0ff573e68815b74223809398cafb948c.pdf