إشكالات التنزيل من الناحية العملية

الملخص EN

Al Faridha' is a judicial prerogative that is basically meant with restricting the heirs of the deceased and determining the portion and the share of each heir since the era of the ‘Shari’a judge’ til the ultimate liberation of the notorial profession , forward from here , the notary inherited it and then it became a widespread contact ;however , it contains several problems , among them is the problem of ‘Tenzil’ which practioners largely differed in determining the person that should be demoted in inheritance ; Is it only "son of the son" or "son of the son and son of the daughter " by explaining the term grandson, who was a subjet of research of many law scholars , except that in our article we have adopted an analysis of the organizing materials for 'tenzil', which clearly shows that the legislator wanted the demoted to be son of son and son of daughter Both of them all together, except that the problems arise in the extent of the notary's competence in ascerting the availability of the conditions for 'tenzil'.

This is on one hand , on the other hand, the impossibility of determining the proportion of the inheritor of the descendent, as stated in Article 172 of the Family Law due to the difference in monetary capacity from time to time