سلطة الغرماء على التركة : دراسة فقهية مقارنة

Abstract EN

This study aims at identifying the power of creditors over inheritance and the effect of their debts.

The study discusses the essence of liability since it is the reason of stucking debts.

Then, it explains the effect of the death of a debtor on his/her liability that has debts.

Then, the study shows the types of stucking debts, and order in collection, in addition to the precedence by looking at what is stuck in case the debtor is alive.

This leads to a description of the debt's attachment to inheritance and manifestation and issues in sects; to conclude to the effect and power of creditors and on heirs and transfer of legacy.

It can be noticed that heirs -not the deceased- posses the inheritance.

Therefore, death is not an obstacle but rather a time for the legacy to be transferred.

It can also be concluded that the heirs are more powerful than creditors.

They also have an ability to take the legacy for themselves and pay off the debts, by way of letting go of debts to the extent of the inheritance, and shares according to the proportion of debts when there is no money from the legacy to be paid from.