الموصى له المستحلف بالمنفعة : دراسة مقارنة بين الفقه الإسلامي و القانون

الملخص EN

Means the Succession of another person's solutions in the rights and oblegations, and the transfer of rights and oblegations is determined by the benefits of various means and applications of these means and applications seem to us the will of benefit, as the commandment of benefit means to recommend one person to transfer ownership of the recommended after his death , It is known that the commandment means the transfer of rights from the predecessor, who is the testator to the successor, which is recommended for him without compensation, it is ownership after death The difference in this description can arise between living and deceased people, contrary to the known rule of the fact that differentiation can occur between the living only, and especially the benefit The succession of the deceased to the recommended benefit did not happen without the intervention of the will of the forefathers, but it is not one of the ways in which the will is pure, but the will, in addition to the death of the person, is the reason for the transfer of the benefit by the commandment.

It was the subject of the commandment of the commandment of the subjects to be discussed, and the recognition of its provisions and the discussion of those provisions and the resulting effects, the fact that the disobedience to the commandment of the ways in which the mixture is mixed with the involuntary disagreement, for the intentional separation, the origin of the commandment, Non-voluntary The originator is the death of the personTherefore, our research on the subject of fragmentation because of the commandment of benefit requires us to shed light on the concept and effects and extension in the legal reality in terms of appearance and termination