The Concept and Application of Regulation in The Institution of Family,A Comparative Review in Iranian and French Laws

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Mohaghegh Damad Mostafa; Shahmoradi Zavareh Mehrangiz; Yavari Asadollah; Seifi Zeynab Gholamali

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Journal: Legal Research Year:2024 | Volume: | Issue: Page(s): 1-18

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Title

The Concept and Application of Regulation in The Institution of Family,A Comparative Review in Iranian and French Laws

Author(s)

Mohaghegh Damad Mostafa | Shahmoradi Zavareh Mehrangiz | Yavari Asadollah | Seifi Zeynab Gholamali | Issue Writer Certificate

Keywords

Maximalist RegulationQ4

Minimal RegulationQ4

Desirable RegulationQ4

RegulatorQ4

Family PolicyQ4

Abstract

Family policy is a remarkable example of regulation in its special meaning. There are different theories and approaches to regulation in the Institution of family. In consideration of the state theory and the supporting theoretical basis, Iran and France’s States, have justified their family regulation based on the prioritizing public interest on individuals, public order and good morals, legal paternalism and legal moralism, protecting the rights and individual freedoms, especially for the minorities, guarantying human’s dignity, equality, justice, and considering The Harm Principle. However, there are fundamental differences between the two legal systems despite some similarities in the quality, the scope, and the basis (criteria) of the regulation in the Institution of family. Although the family is included in the governmental regulation, this needs to be exceptional, Regulatory, protective, minimal, and based on the necessities, rationality, and law. The question of the survey besides the legitimacy of the regulation is about the methods and the territory of the family regulation.

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