Volume 19, Issue 3 (2015)
CLR 2015, 19(3): 1-22 |
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Dadamrazi S M. Feasibility of the Theory of Legal Personality of the Family in the Iranian Law, Islamic Countries, the West and Islamic Jurisprudence. CLR 2015; 19 (3) :1-22
URL: http://clr.modares.ac.ir/article-20-1668-en.html
URL: http://clr.modares.ac.ir/article-20-1668-en.html
Assistant Professor, Faculty of Law, University of Qom, Iran
Abstract: (9326 Views)
This paper considers the concept of a legal person on the base of temporary legal terminology and the globally accepted notion of The Family to discuss about the acceptability of the legal personality for the family in the legal systems of Iran, Islamic countries, main west and Islamic jurisprudence. Despite the claim that the legal personality for the family has been accepted in some historical, philosophical and legal reports, this paper proves that the origin of such reports is the emotional dissolution of family members in the collective identity of the family that is far from the notion of legal personality in its definite term. Similar to other countries, this identity (not the legal personality) has formed the subject of some Family Acts in our country. According to the Roman-Germanic law, common law, rules of Islamic countries and the position of Islamic law, we have discussed and rejected the statements and various templates that may indicate or form the reason for the benefit of the "Theory of Legal Personality" of the Family”.
Received: 2014/09/7 | Accepted: 2015/12/16 | Published: 2015/12/24
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