مفهوم الوصية المستترة و أحكامها في القانون المصري و العراقي

Abstract EN

The hidden will: it is an act in which the testator intends to keep the intention of the bequest and to show the intention of another action with the intention of swaying the provisions of the inheritance, and then the hidden action is the will, and the apparent disposition may be a sale, a gift, a deposit, or an acknowledgment of a debt, etc.

The hidden will is a kind of relative sham that focuses on the type of contract and not on the contract itself, such as if the contract is a sale to one of the heirs on the surface, but in reality it is a will, and the disposing person hides the will under the guise of a contract in order to circumvent the provisions of the will through Hiding the will under the guise of actions performed during life, and at the same time the governor retains possession of the eye and the right to use it for life.

The statutory laws have examined hidden wills and established provisions for them, including Egyptian law and Iraqi law, and distinguishing Egyptian civil law from its Iraqi counterpart that it has made a presumption that the disposer retains the eye and his right to use it for life- if disposing of it to an heir- is a legal presumption.

Considering that the accomplished behavior is added to after death and the provisions of the will/ M 917 are applicable to an Egyptian civilian, and no such presumption was mentioned in the Iraqi civil law, the last law applied the provisions of shame to the hidden will.