عنوان مقاله [English]
نویسنده [English]چکیده [English]
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.