The principle of expediency in establishing lineage from the point of view of the two parties *

Subject Areas : Family jurisprudence

NARGES uosefirad ¹ , mohamad sadag jamshidi rad ² , MASOOME MAZAHERI ³

1 - PhD student (level 4) majoring in family jurisprudence Rafieh Mostafa seminary Tehran Iran 3
2 - pnu
3 - Faculty member and assistant professor of Shahid Motahari University

Received: 2022-03-08 Accepted : 2022-03-08 Published : 2022-06-22

Keywords: Shipping materials, Keywords: judge knowledge, principle of expediency, Lineage,

Abstract :

Today, with the advancement of science and technology and its undeniable impact in the field of justice, the evidence of litigation has been removed from the monopoly in certain cases. And the evidence under the heading of scientific reports and the judiciary has come to the aid of judges and courts, which, due to its high degree of scientific validity and customary certainty, has created a dramatic change in this regard.Proofs of lineage have not been without this situation and have gone beyond monopoly in the framework of proofs such as testimony, confession, rule of thumb and lottery, so that new methods of lineage, including DNA testing due to intellectual and scientific support, play an important role in realizing the science of judge and Prove the lineage in this way,However, paying attention to the principle of family expediency and the rights of the child in order to prevent the disintegration of families and to observe the envy and expediency of the child has led to the question that if using new methods of lineage and attributing the child to adultery, such an action Is the family system and the rights of the child and the public order of society compatible? Therefore, in the present study, the views of the jurists of the two sects on the validity of the principle of expediency in establishing ancestry are examined.