Representation of Mother for Guardianship of the Child in Iranian and French Laws

The French law, contrary to the Iranian law, has given the mother a kind of representation for guardianship and training of the child. This is a development that was established in France in 1970, and in Article 6 of the Iranian Family Protection Act of 2012, the granting of representation to the mo...

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Main Authors: Mohammad Rasool Ahangaran, Vahideh Sadat Hosseini
Format: Article
Language:English
Published: Mashhad University of Medical Sciences 2019-03-01
Series:International Journal of Pediatrics
Subjects:
Online Access:http://ijp.mums.ac.ir/article_11779_2b2058b3e5059745154a38d42e5127fd.pdf
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author Mohammad Rasool Ahangaran
Vahideh Sadat Hosseini
author_facet Mohammad Rasool Ahangaran
Vahideh Sadat Hosseini
author_sort Mohammad Rasool Ahangaran
collection DOAJ
description The French law, contrary to the Iranian law, has given the mother a kind of representation for guardianship and training of the child. This is a development that was established in France in 1970, and in Article 6 of the Iranian Family Protection Act of 2012, the granting of representation to the mother over the legal procedure for demand of the child or the incompetent has been entrusted. There are two different attitudes in the interpretation of this article; some of which are considered as "establishment of the notion of the guardianship" for the mother, while others believe that this article constitutes a kind of representation to the mother as a lawyer or guardian. The present article uses an analytical-descriptive method to explain the nature and principles of the representation of the mother for guardianship of the child. The result of the article suggests that the Iranian legislator's purpose of the assignment of representation to the mother in accordance with Article 6 of the Family Protection Law of Iran, adopted in 2012, is not to prove the guardianship for the mother like French law, but merely to grant representation and the right of the legal procedure for demand of the alimony of the child or the incompetent, maintaining the interests and observing their desire.
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spelling doaj.art-2ec8e3ec5ba34717b6e355ff2bc312ce2022-12-22T04:28:16ZengMashhad University of Medical SciencesInternational Journal of Pediatrics2345-50472345-50552019-03-01739125913110.22038/ijp.2018.35520.310611779Representation of Mother for Guardianship of the Child in Iranian and French LawsMohammad Rasool Ahangaran0Vahideh Sadat Hosseini1Professor, University of Tehran, Campus Farabi, Tehran, Iran.PhD Student of Private Law, Department of Law, Faculty of Humanities, University of Science and Culture, Tehran, Iran.The French law, contrary to the Iranian law, has given the mother a kind of representation for guardianship and training of the child. This is a development that was established in France in 1970, and in Article 6 of the Iranian Family Protection Act of 2012, the granting of representation to the mother over the legal procedure for demand of the child or the incompetent has been entrusted. There are two different attitudes in the interpretation of this article; some of which are considered as "establishment of the notion of the guardianship" for the mother, while others believe that this article constitutes a kind of representation to the mother as a lawyer or guardian. The present article uses an analytical-descriptive method to explain the nature and principles of the representation of the mother for guardianship of the child. The result of the article suggests that the Iranian legislator's purpose of the assignment of representation to the mother in accordance with Article 6 of the Family Protection Law of Iran, adopted in 2012, is not to prove the guardianship for the mother like French law, but merely to grant representation and the right of the legal procedure for demand of the alimony of the child or the incompetent, maintaining the interests and observing their desire.http://ijp.mums.ac.ir/article_11779_2b2058b3e5059745154a38d42e5127fd.pdfChildFrenchGuardianshipIranLawMother
spellingShingle Mohammad Rasool Ahangaran
Vahideh Sadat Hosseini
Representation of Mother for Guardianship of the Child in Iranian and French Laws
International Journal of Pediatrics
Child
French
Guardianship
Iran
Law
Mother
title Representation of Mother for Guardianship of the Child in Iranian and French Laws
title_full Representation of Mother for Guardianship of the Child in Iranian and French Laws
title_fullStr Representation of Mother for Guardianship of the Child in Iranian and French Laws
title_full_unstemmed Representation of Mother for Guardianship of the Child in Iranian and French Laws
title_short Representation of Mother for Guardianship of the Child in Iranian and French Laws
title_sort representation of mother for guardianship of the child in iranian and french laws
topic Child
French
Guardianship
Iran
Law
Mother
url http://ijp.mums.ac.ir/article_11779_2b2058b3e5059745154a38d42e5127fd.pdf
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