فهرست نشریات علمی دسترسی آزاد ایران

Background and Aim: allowing or not allowing legal possessions is a description of a situation that is sometimes due to the intrinsic and personal characteristics and sometimes due to the subjects with respect to individuals. Although the dying patient’s condition arises from an intrinsic description, but this condition causes his property to be in a situation where the concern of legal possessions assessment of the potential beneficiaries of the post-death period has spread to the pre-death period, and this poses a serious challenge. In simpler terms, since it often happens that the heirs of the dying patients do not have the financial means to manage their own affairs or theirs patient, can we extended the definite competence after the death of the beneficiaries to the pre-death period or depict a minimum of allowing of possession of the patient's property on the basis of ownership participation? Materials and Methods: This descriptive-analytical research examines the ruling of the possession of potential beneficiaries in dying patient's property in the pre-death period by analyzing jurisprudential and legal texts. Conclusion: It is possible to depict a special face of ownership in accordance with the dignity of the heir or other persons or at least to assess the influence of their suspended and preoccupied possessions in the pre-death period; however, the scope of such possession requires an analysis of the evidence and the artificial order of the legislator. Of course, all of these solutions are subject to an exclusionary (or restrictive) constraint, so there is not difference between these persons’ possession and others’ rights. The description of hesitation in ownership in accordance with the dignity of the individuals is also rooted in this clause, if we believe it.   Cite this article as: Sargazipoor M, kaykha M, Abin A. Legitimacy of the possession of potential beneficiaries in dying patient's property. Med Ethics J 2020; 12(42): e11.