The Lawsuit of

Khodabakshi, Abdollah; Darvishzadeh, Mohammad Javad

doi:10.22034/jpl.2025.2045905.1139

The Lawsuit of "Declaration of Incapacity" Against the Deceased: An Analysis of the Supreme Court's Unified Opinion No. 72, Dated 25/11/1975 of the General Assembly

Document Type : Original Article

Authors

Abdollah Khodabakshi ¹

Mohammad Javad Darvishzadeh ²

¹ Assistant Professor, Department of Private Law, Ferdowsi University, Mashhad, Iran

² Researcher at the Iranian Law and Legal Research Institute, and Master of Jurisprudence and Fundamentals of Law, Allameh Tabatabai University,Tehran,Iran

10.22034/jpl.2025.2045905.1139

Abstract

The lawsuit about the Declaration of Incapacity against a deceased is one of the significant issues in Iranian non-litigious matters law, because of its direct impact on the rights of heirs and other beneficiaries. In these cases, proving the incapacity of the deceased can result in the annulment or modification of legal actions during his lifetime, which could change the financial situation and legal obligations of survivors. Supreme Court Precedent No. 72, dated 1975/25/11, determines the principles and conditions of the action for the declaration of the deceased`s incapacity, and the verification of the eligibility of the claimant in this regard.
This article explores the key points of this ruling, analyzes the legal structure of incapacity lawsuits, and demonstrates how the framework set by the precedent help prevent frivolous lawsuits and protect the rights of heirs. Additionally, it identifies four major challenges related to the ruling and provides suggestions for reform, offering solutions to clarify ambiguities and improve justice in these cases.

Keywords

court

prosecutor

incapacity

interest

non-litigious Matter

Subjects