فصلنامه خانواده پژوهی (Sep 2018)
A Comparative Study of Non-Financial Rights Arising from Parental Authority in Iranian and French Law
Abstract
The Parental Authority over Children is regarded as one of the most important non-financial rights resulted from marriage. Based on Iranian law, The authority of the Father is more than that of the Mother. The father's authority is on the coupling of the minor, his authorization to verify the marriage of Miss and the imposition of father's nationality on the children are idiosyncratic to the father. However, the right of training 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. In contrast in France, the absolute Paternal Power in the past 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 order 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.
