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Paper Information

Journal:   JOURNAL OF FAMILY RESEARCH   winter 2019 , Volume 14 , Number 56 #p00535; Page(s) 467 To 496.

The legal Nature of Childbearing and the Effects of Stipulating and not Stipulating that while Concluding a Marriage (Comparative Study)

Author(s):  Rahimi H.*, SADEGHI M.J.
* Department of Private Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran
Human beings have abilities and potentials that make it possible for them to have a child. Opining on the legal nature of this capability, whether it’ s a right or a duty seems to be a bit difficult. However, regarding the influence of the will in this issue, it can be considered as a right. In the law of the U. S and the UK the majority of lawyers also consider it as a right, but there is a controversy over whether this right is positive or negative. Therefore, in compliance with article 959 of the Civil Code of Iran, some restrictions or conditions may be applied within a couple or with a third party; such as an agreement of a young couple on not having children for the first 5 years of their marital life. Although there are lower restrictions in permanent marriage and in temporary marriage, more restrictions can be imposed even by the end of the duration of such a marriage due to its temporary nature. It also seems that childbearing is not a requirement to the nature of marriage, but a requirement referred to it. Therefore, in the absence of any condition in marriage, couples are committed to each other to give birth to babies.
Keyword(s): Right to Procreate,Reproduction Right,Parenthood Right,the Condition of Childbearing,the Condition of not Having Children
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