Mojtaba Lotfi Khachk, Abbas Moghaddari Amiri, Mehdi Fallah Khariqi
{"title":"毁灭规则扩大适用范围可能性的法理分析","authors":"Mojtaba Lotfi Khachk, Abbas Moghaddari Amiri, Mehdi Fallah Khariqi","doi":"10.24862/rcdu.v12i2.1479","DOIUrl":null,"url":null,"abstract":"In the conventional definition of Destruction, it should be acknowledged that Destruction refers to the state in which the destruction of a place or specific place occurs due to an accident, destruction and demolition of houses, homes and vehicles (such as, cars, trains, planes, etc.) due to a disaster, such as earthquake, accident, gas explosions, bombings, missiles, etc., are examples of Destruction and are covered by Article 873 of the Civil Code. The legislator in Article 873 of the Civil Code believes that if the date of death of the persons who inherit from each other is unknown and the priority and posterority of each of them are not known, the said persons will not inherit from each other, unless the death is due to drowning or Destruction, in which case they inherit from each other. Destruction used to have a limited scope in itself, but with the advancement of science and modern means of life and livelihood, it has expanded beyond the scope and examples of Destruction and will include more cases. Therefore, considering the importance of the subject and the need for a comprehensive and transparent study of that research, by referring to general and special jurisprudential texts through a comparative study of Islamic law, this paper aims to analyze the famous view of the jurists regarding the rule of Destruction and its inclusion and examples.","PeriodicalId":53730,"journal":{"name":"Revista do Curso de Direito do UNIFOR","volume":" ","pages":""},"PeriodicalIF":0.1000,"publicationDate":"2021-10-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Legal and Jurisprudential analysis towards the Possibility of Expanding Scope of the Destruction Rule\",\"authors\":\"Mojtaba Lotfi Khachk, Abbas Moghaddari Amiri, Mehdi Fallah Khariqi\",\"doi\":\"10.24862/rcdu.v12i2.1479\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"In the conventional definition of Destruction, it should be acknowledged that Destruction refers to the state in which the destruction of a place or specific place occurs due to an accident, destruction and demolition of houses, homes and vehicles (such as, cars, trains, planes, etc.) due to a disaster, such as earthquake, accident, gas explosions, bombings, missiles, etc., are examples of Destruction and are covered by Article 873 of the Civil Code. The legislator in Article 873 of the Civil Code believes that if the date of death of the persons who inherit from each other is unknown and the priority and posterority of each of them are not known, the said persons will not inherit from each other, unless the death is due to drowning or Destruction, in which case they inherit from each other. Destruction used to have a limited scope in itself, but with the advancement of science and modern means of life and livelihood, it has expanded beyond the scope and examples of Destruction and will include more cases. Therefore, considering the importance of the subject and the need for a comprehensive and transparent study of that research, by referring to general and special jurisprudential texts through a comparative study of Islamic law, this paper aims to analyze the famous view of the jurists regarding the rule of Destruction and its inclusion and examples.\",\"PeriodicalId\":53730,\"journal\":{\"name\":\"Revista do Curso de Direito do UNIFOR\",\"volume\":\" \",\"pages\":\"\"},\"PeriodicalIF\":0.1000,\"publicationDate\":\"2021-10-05\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Revista do Curso de Direito do UNIFOR\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.24862/rcdu.v12i2.1479\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q4\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Revista do Curso de Direito do UNIFOR","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.24862/rcdu.v12i2.1479","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q4","JCRName":"LAW","Score":null,"Total":0}
Legal and Jurisprudential analysis towards the Possibility of Expanding Scope of the Destruction Rule
In the conventional definition of Destruction, it should be acknowledged that Destruction refers to the state in which the destruction of a place or specific place occurs due to an accident, destruction and demolition of houses, homes and vehicles (such as, cars, trains, planes, etc.) due to a disaster, such as earthquake, accident, gas explosions, bombings, missiles, etc., are examples of Destruction and are covered by Article 873 of the Civil Code. The legislator in Article 873 of the Civil Code believes that if the date of death of the persons who inherit from each other is unknown and the priority and posterority of each of them are not known, the said persons will not inherit from each other, unless the death is due to drowning or Destruction, in which case they inherit from each other. Destruction used to have a limited scope in itself, but with the advancement of science and modern means of life and livelihood, it has expanded beyond the scope and examples of Destruction and will include more cases. Therefore, considering the importance of the subject and the need for a comprehensive and transparent study of that research, by referring to general and special jurisprudential texts through a comparative study of Islamic law, this paper aims to analyze the famous view of the jurists regarding the rule of Destruction and its inclusion and examples.