THE PLACEMENT OF ELDERLY IN IRANIAN LEGAL SYSTEM

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SEYFI GH.A.; ZEYNALI A.H.

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Journal: Social Welfare Year:2007 | Volume:7 | Issue:26 Page(s): 247-263

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Title

THE PLACEMENT OF ELDERLY IN IRANIAN LEGAL SYSTEM

Author(s)

SEYFI GH.A. | ZEYNALI A.H. | Issue Writer Certificate

Keywords

CAPACITY TO PERFORM RIGHTSQ3

CIVIL LAWQ3

INCAPACITYQ2

OLD AGEQ2

Abstract

Objectives: one of the areas which have not been considered sufficiently in the domain of OLD AGE is the surveying of the legal dimensions of this phenomenon, specifically in Iranian CIVIL LAW system. Because of the diminishing mental and physical abilities as a result of passage of age, this group of citizens are needed to be considered through the legislature with a protective view in the field of special entities to perform (execute) their possessive and financial rights. No one, when reaching the age of majority, can be treated as under disability in respect of insanity or immaturity unless his immaturity or insanity is proved.Method: this study, which will be done in the explanatory-analysis method, will examine the Iranian legislative policies which are signified in Iranian civil code, as a principle code and other aspects of Iran law. Data was collected by researching of the civil cod of Iran and another law.Findings: the revision of the issue shows that the OLD AGE and senility by itself has never been considered as a factor of interdictory and a symbol of disability and INCAPACITY to enjoyment or use of rights in Iranian CIVIL LAW system. Iranian CIVIL LAW (The Article 958) say that Every human being is entitled to civil rights but nobody can utility and employ these rights unless he possesses legal capacity for so doing and also in Iran CIVIL LAW the capacity to possess rights begging with the birth of a human being and end with his death (Article 956) but OLD AGE (senility) accompanying the diminish of the physical and mental abilities may lead to some rights has been limited and disposed by the OLD AGEs. Therefore, the Article 1207 of Iranian CIVIL LAW says that the persons who have not matured are considered as under disability and are forbidden to take possession of their property and their pecuniary rights. And another article of this law says that By the words" persons who have not matured" is meant persons whose method of deailing in their property and rights is not in accordance with reason (1208).Results: To support the OLD AGEs in the Iranian CIVIL LAW system it is needed to consider two important aspects. The first one is to accept special protective interdictory and establishing the prescription of lack of sufficient growth to the special age in the OLD AGE period with respect to the present situation of Iranian society. The second aspect is to accept the mental disorders relating to the OLD AGE far wider than the status of traditional concept of lunacy and immaturity to support them. Therefore, the amendment of related regulations such as Iranian civil code (Articles 1207, 1208) for this aims is necessary.

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APA: Copy

SEYFI, GH.A., & ZEYNALI, A.H.. (2007). THE PLACEMENT OF ELDERLY IN IRANIAN LEGAL SYSTEM. SOCIAL WELFARE, 7(26), 247-263. SID. https://sid.ir/paper/56555/en

Vancouver: Copy

SEYFI GH.A., ZEYNALI A.H.. THE PLACEMENT OF ELDERLY IN IRANIAN LEGAL SYSTEM. SOCIAL WELFARE[Internet]. 2007;7(26):247-263. Available from: https://sid.ir/paper/56555/en

IEEE: Copy

GH.A. SEYFI, and A.H. ZEYNALI, “THE PLACEMENT OF ELDERLY IN IRANIAN LEGAL SYSTEM,” SOCIAL WELFARE, vol. 7, no. 26, pp. 247–263, 2007, [Online]. Available: https://sid.ir/paper/56555/en

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