Assistant Professor of Law, Faculty of Law, Tehran University, Tehran, Iran
Abstract: (8867 Views)
Ali Reza Barikloo
Assistant Professor of Law, Faculty of Law, Tehran University
Gender is one of the important factors which has effect on the possessing of somrights. Therefore, if a person changes her gender, it is necessary to consider that what effect this change has on his or hos or her rights. If the rights of such person are resulting from a contract; in this case the role of gender in the contract must be considered; if it has an essential role, the contact is void , while if it has no essential role, the contract is valid but the other party has the right to cancel the contract. The transgender has no effect on the acquired right of a person who has changed his or her gender provided that his or her past gender had not any role on it’s subsist and he or she can posses the other rights in accordance with his or her new gender. In this article, the legal effects of sex-change. in accordance with the legal principles of Iranian Law and Islamic Jurisprudence, have been studied.
Received: 2003/11/3 | Accepted: 2004/08/13 | Published: 2004/10/22