نوع مقاله : علمی پژوهشی
نویسنده
استادیار گروه حقوق، دانشکدۀ علوم انسانی و اجتماعی، دانشگاه گلستان، گرگان، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Custody is the authority and power that the law has granted to parents to take care of a child. The Civil Code, in Article 1168, considers custody both a right and an obligation of the parents and states that the parents do not have the right to refuse to take care of the child while they have custody of the child. However, parents may want to transfer custody rights to another person for various reasons, so this research, using a descriptive and analytical method and a jurisprudential and legal approach, deals with the possibility or impossibility of transferring custody rights from parents to a third party. According to some jurists, it is not possible to transfer custody rights to another person, because in custody, parental supervision is a condition for exercising custody, and the child also has a right in custody. In addition, the rules related to custody are mandatory rules and are related to public order. On the other hand, some other jurists state that custody is not a condition of management, and therefore the parents can transfer it to another person in the form of power of attorney, proxy, or hiring. Therefore, parents do not have the possibility of transferring full custody rights to a third party. The Civil Code does not discuss the possibility of transferring custody to another person, but in the Family Protection Law, the Civil Liability Law, the Law on Donating Embryos to Infertile Couples, and the Law on Protecting Uncared and Abused Children, the legislator has accepted the possibility of transferring custody to a third party. A review of the aforementioned laws indicates that the legislator has accepted the transfer of custody, partially or completely, in exceptional cases where the best interests of the child require it.
کلیدواژهها [English]
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