FROM PHYSICAL PUBERTY TO INTELLECTUAL MATURITY: COMPARATIVE ANALYSIS OF MATURITY PRESUMPTION IN IRANIAN, FRENCH AND ISLAMIC LAW

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

KAZEMI MAHMOUD; BORZOUEI ABBAS

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

Journal Paper

Paper Information

Journal: PRIVATE LAW Year:2016 | Volume:4 | Issue:13 Page(s): 119-145

Download Full-Text

Persian Verion

View:

2,247

Download:

Cites:

Information Journal Paper

Title

FROM PHYSICAL PUBERTY TO INTELLECTUAL MATURITY: COMPARATIVE ANALYSIS OF MATURITY PRESUMPTION IN IRANIAN, FRENCH AND ISLAMIC LAW

Author(s)

KAZEMI MAHMOUD | BORZOUEI ABBAS | Issue Writer Certificate

Keywords

MATURITYQ2

PRESUMPTION MATURITYQ1

PUBERTYQ2

FINANCIAL POSSESSIONSQ2

Abstract

In Iranian Civil Law. like in Islamic Jurisprudence, in addition to PUBERTY, the MATURITY is necessary in order to have capacity for carrying out transaction. The age of PUBERTY is defined in jurisprudence; however, there is no specific age of MATURITY. Before the revolution in Iran, Article 1210 of the Civil Code determined the age of 18 as a criterion for MATURITY. After the Islamic Revolution, this provision changed under the pretext of conformity of the Civil Code with Islamic Jurisprudence. The text of this provision regards the age of PUBERTY as MATURITY. However, according to note 2, when the MATURITY can be proved, it is possible to give him his properties. This conflict has led to debate and controversy. In this paper, the "MATURITY" is considered from jurisprudence perspective and it is concluded: First, the MATURITY is merely necessary for the possession of financial affairs. Second, there is no consistency between amendments made to Art 1210 and the view of majority in Islamic jurisprudence. Jurists do not accept the "puberty" as a presumption of MATURITY. Third, the MATURITY is a common concept and it can be proved conventionally. For the purpose of proving it, there is no need for the decision of court.

Cites

No record.

References

No record.

Cite

APA: Copy

KAZEMI, MAHMOUD, & BORZOUEI, ABBAS. (2016). FROM PHYSICAL PUBERTY TO INTELLECTUAL MATURITY: COMPARATIVE ANALYSIS OF MATURITY PRESUMPTION IN IRANIAN, FRENCH AND ISLAMIC LAW. PRIVATE LAW, 4(13 ), 119-145. SID. https://sid.ir/paper/252697/en

Vancouver: Copy

KAZEMI MAHMOUD, BORZOUEI ABBAS. FROM PHYSICAL PUBERTY TO INTELLECTUAL MATURITY: COMPARATIVE ANALYSIS OF MATURITY PRESUMPTION IN IRANIAN, FRENCH AND ISLAMIC LAW. PRIVATE LAW[Internet]. 2016;4(13 ):119-145. Available from: https://sid.ir/paper/252697/en

IEEE: Copy

MAHMOUD KAZEMI, and ABBAS BORZOUEI, “FROM PHYSICAL PUBERTY TO INTELLECTUAL MATURITY: COMPARATIVE ANALYSIS OF MATURITY PRESUMPTION IN IRANIAN, FRENCH AND ISLAMIC LAW,” PRIVATE LAW, vol. 4, no. 13 , pp. 119–145, 2016, [Online]. Available: https://sid.ir/paper/252697/en

Related Journal Papers