نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشیار دانشکده حقوق و علوم سیاسی دانشگاه علامه طباطبائی
2 دانشجوی دکترای حقوق خصوصی دانشگاه علامه طباطبائی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Human beings have such abilities and potentials that allow him to have a child. Commenting on what the legal nature of this capability is, whether it’s a right or a rule, seems a bit difficult. However, with regard to the influence of the will in it, it can be considered a right. In the law of the U.S and England majority of lawyers also consider it a right, but there is a controversy over whether the right is positive or negative. Therefore, in compliance with article 959 of the Civil Code of Iran, some restrictions or conditions may be accepted regarding couples or couples with third parties; such as the agreement of a young couple on not having children for the first 5 years of their marital life. However, these restrictions are lower in permanent marriage and in temporary marriage more restrictions can be imposed even by the end of the duration of such a marriage due to its temporary nature. It also seems that childbearing is not a requirement to the nature of marriage, but a requirement referred to it. Therefore, in the absence of any condition in marriage, couples are committed to each other to give birth to babies.
کلیدواژهها [English]