A Comparative Study of the Position of the Contractualization in Iranian and French Family Law

Document Type : Original Article

Authors

1 PhD in jurisprudence and private law, Shahid Motahari University, Tehran, Iran.

2 Professor of Private Law Department, University of Tehran, Tehran, Iran.

3 Assistant Professor, Department of Jurisprudence and Law, Shahid Motahari University, Tehran, Iran.

Abstract

Contractualization is the subject of the current reflection of French law on the rapid evolution of family law. Individualism, fundamentalism, and distancing from institutionalism and imperative rules are at the root of this trend. . It is true that many forbidden things have been broken in this way. Items only Limits such as some elements of personal status and legal parenthood are not . It is true that many forbidden things have been broken in this way. Items only Limits such as some elements of personal status and legal parenthood are not contracted.. The correct understanding of contractualization will be possible by recognizing the relationship of a legal system with contractualism. In French law, there is a serious view that contractualism, although in the service of the individual, will ultimately serve society and shape a kind of social regulation of family relations. In contrast, Iranian family law, given its Islamic origins, has a serious relationship with contracts. But this relationship is organized according to the comprehensiveand definite interest of man, in which no dimension of human existence is ignored and mixed with doubt and there is confidence in it. In this case, the interests of both the individual and society will be served. Proper knowledge of the boundaries of the imperative rules and protection of its capabilities can protect Iranian law from the harms of this trend while benefiting from contractualization.

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References

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History

  • Receive Date: 26 October 2022
  • Revise Date: 09 February 2023
  • Accept Date: 24 April 2023

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