Paper Information

Journal:   JOURNAL OF FAMILY RESEARCH   summer 2018 , Volume 14 , Number 54 #p00533; Page(s) 253 To 276.
 
Paper: 

A Comparative Study of Non-Financial Rights Arising from Parental Authority in Iranian and French Law

 
 
Author(s):  Alipanah A.R.*, Shahmoradi Zavareh M.
 
* Faculty of Law, Shahid Beheshti University, Tehran, Iran
 
Abstract: 
The Parental Authority over children is regarded as one of the most important non-financial rights resulting from marriage. Based on Iranian law, The authority of the Father is more than that of the Mother. The father's specific rights include his authority over marrying the minors, his authorization to verify the marriage of mature virgins and the imposition of his nationality on his children. However, the right of upbringing and meeting the children are not merely attributed to the father. In the case of child custody, the legislator has also balanced the parental rights. Conversely, in France, the former absolute paternal power was replaced by the parental authority through the Act 1971 by attributing to the mother an Independent authority along with the father. Thus, the present situation of Iran lies in the midst of the past and present legal orders of France. This paper seeks to study the limitations of the authority of both parents over children in Iran and to examine the similarities and differences with French law in order to present a suitable model for Iran.
 
Keyword(s): Legal Patterns of Family Management,Paternal power,Parental Authority,Father's non-financial rights
 
References: 
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