Maternal Civil Liability for Harmful Acts of the Child in Cyberspace

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Hesam Abolfazl; Gholamalizadeh Kajou Mohammad

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Journal Paper

Paper Information

Journal: Islamic Journal of Women and the Family Year:2022 | Volume:9 | Issue:25 Page(s): 229-258

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Information Journal Paper

Title

Maternal Civil Liability for Harmful Acts of the Child in Cyberspace

Author(s)

Hesam Abolfazl | Gholamalizadeh Kajou Mohammad | Issue Writer Certificate

Keywords

maternal civil liability

harmful acts of the child

cyberspace

negligence

Abstract

The present research tried to explain and limit maternal civil liability for harmful acts of the child in cyberspace with a descriptivedocumentary method. The data were gathered via reviewing the related written sources. Analyzing the previous studies indicated that there is no study with the same topic. The findings showed, according to the jurisprudential-legal principles, the mother in the position of one of the parents has the right and duty of custody of the child. This duty is not limited to the physical environment, it also consists of the cyberspace,because, based on Article 7 of the Civil Liability Law, the mother may become liable for harmful acts of the child. It seems that the adjustment of maternal liability for harmful acts of the child in the cyberspace is logical and necessary, due to maternal special conditions, such as lack of legal guardianship over the child, making a living (in the absence of the spouse), less knowledge of the cyberspace in comparison with men, and the particular conditions of the cyberspace. In addition, the ruling on the maternal liability to the extent of her negligence, in assuming that her husband is accompanied by her, as well as her special conditions and the cyberspace, is consistent with the jurisprudential-legal principles and can be recommended.

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APA: Copy

Hesam, Abolfazl, & Gholamalizadeh Kajou, Mohammad. (2022). Maternal Civil Liability for Harmful Acts of the Child in Cyberspace. THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY, 9(25 ), 229-258. SID. https://sid.ir/paper/1031815/en

Vancouver: Copy

Hesam Abolfazl, Gholamalizadeh Kajou Mohammad. Maternal Civil Liability for Harmful Acts of the Child in Cyberspace. THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY[Internet]. 2022;9(25 ):229-258. Available from: https://sid.ir/paper/1031815/en

IEEE: Copy

Abolfazl Hesam, and Mohammad Gholamalizadeh Kajou, “Maternal Civil Liability for Harmful Acts of the Child in Cyberspace,” THE ISLAMIC JOURNAL OF WOMEN AND THE FAMILY, vol. 9, no. 25 , pp. 229–258, 2022, [Online]. Available: https://sid.ir/paper/1031815/en

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