أحكام تصرفات المريض مرض الموت في التشريع الجزائري

Abstract

Death sickness is a material fact that may be proven by all methods of proof, including: If the patient disposes of his estate in excess of one-third, the heirs are harmed, and the injured party must request the annulment of these contracts. As for the will, the legislator indicated that all his actions are considered a will until after death by way of donation, and here we conclude that the ownership of the donated property is not transferred to the donee, even after the death of the inheritor and takes the judgment of the will. As for the gift, he indicated that it is a property without compensation, provided that it does not exceed the right of the nisab, and it must be between the living, and that it is dispensed without consideration, and the intention of the gift is to donate in order to fulfill the element of the gift, as for the marriage of a patient with a death disease, it is valid, except that there is no inheritance between the spouses except in cases: However, if the patient dies before entering the marriage, the contract is null and void, and there is no inheritance, no polygamy, and no inherita