the obstacles of exercising child custody in the imami jurisprudence, iranian law and french law

نویسندگان

عباس کریمی

استاد دانشکدۀ حقوق و علوم سیاسی دانشگاه تهران. الهه محسنی

کارشناس ارشد فقه و مبانی حقوق اسلامی دانشگاه تهران

چکیده

parents’ authority in support and education of theirchildren should be used only to protect their best interests.therefore if protection of child’s safety, health oreducation so requires, this authority may be limited orwithdrawn from the parents. in imami jurisprudence,iranian law and french law, welfare of the child is themain factor governing the support and education of thechild. each of the three legal systems, therefore,developed its own measures to protect child’s welfare.however, in french law in addition to the protection ofchildren, measures of educational assistance could bejudicially ordered to help the parents fulfill their parentalauthority. in imami jurisprudence and iranian law parentsmay restitute their parental authority if obstacles areeliminated. in french law it is the same except if the childhas been placed for adoption before restitution request.

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