Termination of a Testamentary Usufruct in Favor of the Legatee: A Jurisprudential and Legal Analysis under Iranian, Egyptian, and Iraqi Law

Abstract

This study comparatively examines the Islamic jurisprudential and legal foundations governing the termination of a testamentary usufruct, namely, a bequest of the right of usufruct, under Iranian, Egyptian, and Iraqi law, with particular reference to the doctrines of Islamic schools of jurisprudence. The principal research question concerns the circumstances that result in the termination or continuation of the legatee’s right of usufruct following the effectiveness of the testamentary disposition, as well as the similarities and differences among the legal systems under examination. Employing a descriptive-analytical method and a comparative approach, the study investigates four principal grounds for terminating a testamentary usufruct: the death of the legatee, the killing of the testator by the legatee, the acquisition or expropriation of the bequeathed property, and the rejection of the bequest by the legatee. The findings indicate that, according to most Islamic jurisprudential opinions and the laws of Iran, Egypt, and Iraq, the right of usufruct is inherently personal and, as a general rule, terminates upon the legatee’s death unless otherwise expressly stipulated. Furthermore, the intentional killing of the testator by the legatee constitutes a bar to entitlement under the will and, to prevent abuse and uphold justice, results in the legatee’s disqualification from receiving the bequest. Regarding the acquisition of the bequeathed property, the consolidation of ownership of the property itself and its usufruct in a single person is regarded as terminating the right of usufruct. In addition, the rejection of the bequest after the testator’s death results in the termination of the testamentary disposition and the reversion of the relevant right to the heirs. Overall, the findings reveal substantial convergence among the legal systems examined concerning the general principles governing the termination of testamentary usufructs, while also identifying differences in legislative details and the implementation of legal rules. Accordingly, the study recommends that legislators expressly specify the grounds for terminating testamentary usufructs and adopt more comprehensive regulations to prevent interpretive and judicial disputes.