Civil Liability of Parents for an Illegitimate Child Resulting from an Extramarital Relationship in Iranian and French Law

Document Type : Scientific Research

Authors

1 Assistant Prof. Department of Law, Islamic Azad University University of Science and Research Unit, Tehran, Iran.

2 Master's degree student in private law, Kharazmi University, Tehran, Iran.

Abstract

A natural child is a person who is born from an illegitimate and illegal relationship. If his parents are aware of the sanctity of such an act, this person is not attributed to them from a religious and legal perspective. Not only in Islamic law, but also in many other legal systems, including the French legal system, legitimate lineage has been ruled out for such individuals. However, in none of these systems have the special rights of these individuals been examined in a detailed and comprehensive manner. This is despite the fact that these individuals are often victims of undesirable acts and crimes that they had no role in committing. Therefore, depriving these individuals of certain rights or privileges seems contrary to the principles of justice and fairness. In this article, we attempt to examine the possibility of claiming damages from their customary parents in the legal systems of Iran and France and to answer the question of how the material and moral losses caused to these individuals by their parents can be compensated. It seems that based on the rules of attribution and the general and specific principles of civil liability, such damages can be claimed from customary parents. The present study was conducted with a descriptive-analytical approach and a library method and studied the laws of both Iran and France.

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