نوع مقاله : علمی-تخصصی
نویسنده
موسسه آموزش عالی علوم انسانی
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
Abstract
The issue of adoption has been one of the most important legal issues in history. However, with the emergence of the religion of Islam and valid reasons, the institution of adoption has been dissolved and the institution of guardianship of orphaned children has been replaced with clear conditions. In the relevant laws of the Islamic Republic of Iran and Afghanistan, in accordance with the Islamic Sharia and the necessity of a guardianship institution for orphaned and badly cared for children, the guardianship institution has been determined with terms and conditions, which have different legal effects; Among them are the financial effects of guardianship of orphaned children, which are under the discussion of acquiring part of the property, the costs of education and upbringing of the child, the obligation or non-obligation of alimony and the necessity of providing alimony from the adoptive father and the adoptive mother, and the discussion of inheritance, and alternative solutions to inheritance. It has been discussed in this article. Although the issues related to the financial effects of adoption have been discussed in detail in the related laws of the two countries; However, there are shortcomings both in matters related to the guardianship of orphaned children and in the way of realizing the financial effects of guardianship.
کلیدواژهها [English]
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