Duties and non-financial legal obligations of the guardian towards the child

Document Type : Original Article

Authors

1 Department of Private Law, Karaj Branch, Islamic Azad University, Karaj, Iran.

2 Assistant Professor, Department of Private Law, Azad University, Karaj Branch, Karaj, Iran.

10.30510/psi.2022.299721.2130

Abstract

The purpose of this article is to examine the duties and non-financial legal duties of the guardian against the child, which was done by descriptive and analytical methods, In Iranian law, if a person does not have a special guardian and a guardian appointed by them and the province is assigned to a person by a court, this province is called "Qayyumat" which has special provisions. In Iranian law, guardian transactions are divided into three categories by the trustee: the trustee for some transactions that must be allowed by the trustee and some of which do not require permission. The third group is some transactions that are done by the trustee. it is forbidden. In the law of countries such as France, the guardian is the minor legal representative and performs all the necessary actions for life on his behalf, except for the actions that the minor can legally perform alone (such as legal acts related to current life). Therefore, the administration of all minor property is the responsibility of the guardian and the minor does not interfere in it except in the exceptional cases mentioned earlier. The guardian's authority in the management of small property is general, meaning that the guardian does not need the permission of another person or authority except in exceptional cases to manage the property and perform legal acts.

Keywords

Political Sociology of Iran
Volume 5, Issue 11
January 2023
Pages 1849-1864

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