Assigning Natural Children to the Parents in Shiite Jurisprudence and Iranian Law

Subject Areas : Private law

1 - تهران
2 - اصفهان

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: natural children, ancestry, mattress, due to adultery, lack of extension,

Abstract :

According to Iranian law, rights of the natural child can not be attributed to parents. Shiite jurisprudence doesnât assign natural children to their parents too. In this respect, the civil law and legal doctrine are discussed. The main reasons of the mattress are tradition and consensus. The reasons are not without difficulty. In this regard, opponents consider the nature and reality of customary lineage that is the abstract and foreign origin and the necessity of justice have the opposite opinion. Many lawyers' rule contained in Article 1167 of the Civil Code with regard to the majority of jurists have interpreted to deny parentage. However, other measures may reduce the strength of this view. Iranian lawmakers seem to not fully comply with the majority of jurists. The legislator attributed natural child to the parents.

References:

Surrogate Obligations in Civil Liability of Harmful Action with Comparative Study in the Jurisprudence and French law
Print Date : 2017-05-02
An Analysis of the Condition of the Opposition of Scripture and Tradition and Its Impacts on Contracts of Scripture and Tradition and Its Impacts on Contracts
Print Date : 2017-05-02
Judicial and Lawful Study on Contract Nature of Istesna
Print Date : 2017-05-02
Lawful-Judicial Survey of the Nature and Descriptions of Barter Contract
Print Date : 2017-05-02
The Judicial Consideration of Sale of Abandoned Goods by Customs Based on Iranian Law
Print Date : 2017-05-02
Negation of Stipulation of Effect Possibility in Calling People to the Goodness and Preventing People from Evil
Print Date : 2017-05-02

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Assigning Natural Children to the Parents in Shiite Jurisprudence and Iranian Law