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Paper Information

Journal:   THE JUDICIARY’S LAW JOURNAL   SUMMER 2017 , Volume 81 , Number 98 ; Page(s) 175 To 199.
 
Paper: 

PRIORITY OF NATURAL GUARDIANSHIP RIGHT OF MOTHER ON THE PATERNAL GRANDFATHER ON THE BASIS OF MODERN INTERESTS

 
 
Author(s):  MOHAMMADI SAM, KAVIAR HOSSEIN, EBRAHIMI AZAM
 
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Abstract: 

In new era with the loosening of patriarchal and extended family foundation and the increasing popularity the nuclear families, about natural guardianship mentioned in Iranian Civil Code, has been emerged some questions and problems. Articles 1180 and 1181 Iranian Civil Code provides: "a minor is under the natural guardianship of its father or paternal grandfather". In Iranian Civil Code does not natural guardianship right to her minor child. In year 1353 the Iranian legislator understand this problem and enacted Family Protection Act and in article 15 provide the special natural guardianship for mother. However, this rule did not last and after the rescission of this rule, paternal grandfather alongside of his son was special guardian of his grandson. In year 1391 Family Protection Act for granting the natural guardianship right to mother has taken a fresh step. This rule confirmed by Council of Constitutional Guardians. Hence we in this article decide with answer to following question, prove our hypothesis: whether position of natural guardianship is able concoct for mother? Whether this position in case of encounter to natural guardianship right of paternal grandfather is precedence? Hypothesis of this paper is that after death of father natural guardianship right is belong to mother and she has guardianship right to her minors. This guardianship is precedence than guardianship right of paternal grandfather. In any case that father has guard to minors, as well as mother has this right. Her guardianship is parallel to father guardianship and preeminent than paternal grandfather guardianship.

 
Keyword(s): NATURAL GUARDIANSHIP, MOTHER, FATHER, PATERNAL GRANDFATHER, PRIORITY
 
 
References: 
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Citations: 
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APA: Copy

MOHAMMADI, S., & KAVIAR, H., & EBRAHIMI, A. (2017). PRIORITY OF NATURAL GUARDIANSHIP RIGHT OF MOTHER ON THE PATERNAL GRANDFATHER ON THE BASIS OF MODERN INTERESTS. THE JUDICIARY’S LAW JOURNAL, 81(98 ), 175-199. https://www.sid.ir/en/journal/ViewPaper.aspx?id=569403



Vancouver: Copy

MOHAMMADI SAM, KAVIAR HOSSEIN, EBRAHIMI AZAM. PRIORITY OF NATURAL GUARDIANSHIP RIGHT OF MOTHER ON THE PATERNAL GRANDFATHER ON THE BASIS OF MODERN INTERESTS. THE JUDICIARY’S LAW JOURNAL. 2017 [cited 2021July29];81(98 ):175-199. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=569403



IEEE: Copy

MOHAMMADI, S., KAVIAR, H., EBRAHIMI, A., 2017. PRIORITY OF NATURAL GUARDIANSHIP RIGHT OF MOTHER ON THE PATERNAL GRANDFATHER ON THE BASIS OF MODERN INTERESTS. THE JUDICIARY’S LAW JOURNAL, [online] 81(98 ), pp.175-199. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=569403.



 
 
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