Sam Mohammadi; Hossien Kaviar; Azam Ebrahimi
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 ...
Read More
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.
Homayoun Mafi; Sam Mohammadi; Hossein Kaviar
Abstract
The unique nature of the internet and contracts concluded in virtual space have the remarkable effects in many of traditional principles and concepts of courts jurisdiction. One of these contracts is the electronic contracts of business to consumer (B2C) in which the consumer is primarily considered ...
Read More
The unique nature of the internet and contracts concluded in virtual space have the remarkable effects in many of traditional principles and concepts of courts jurisdiction. One of these contracts is the electronic contracts of business to consumer (B2C) in which the consumer is primarily considered as the weaker party of the contract. Hence, it needs a protective mechanism. One of the protective aspects of the consumer is to determine a competent court and to pay attention to “a special procedure in lawsuits of electronic contracts”. By way of determining such court, the presentation of an analysis based on theory of “Activity-Orientation” is the final outcome which is offered to the Iranian legislator as an approach.