چکیده تصویری
عنوان مقاله English
نویسندگان English
Research Objective: To investigate the legal authority over the marriage of minors in jurisprudence and civil law with the aim of finding a solution to protect children and determining the conditions and limitations of the exercise of this authority by a compulsory guardian.
Research Method: This research was conducted using a descriptive-analytical method. Thus, by studying and examining jurisprudential sources (such as narrations and other evidence) and legal regulations (such as Article 1041 of the Civil Code), the principles and theories related to the authority over the marriage of minors were described and then analyzed.
Findings:
- The jurisprudential reasons for the authority over the marriage of minors are definite, and this is also explicitly foreseen in the Iranian Civil Code (Article 1041).
- The exercise of this authority by a compulsory guardian is not absolute and conditions must be observed.
- Given social changes such as lifestyle and customs, the marriage of minors in the present era is not only undesirable, but in many cases causes irreparable harm to the child.
- According to jurisprudential principles, the exercise of guardianship over a minor's marriage is subject to two basic conditions: first, the absence of a corrupting factor for the child, and second, the determination of his/her best interests by experts.
Conclusion: As a result, if a forced guardian in a minor's marriage does not respect his/her best interests, the annulment of the marriage is a ruling that is consistent with jurisprudential principles and defensible. This condition of determining best interests is proposed by experts as a legal solution to prevent possible harm and protect the rights of children.
کلیدواژهها English
