نوع مقاله : علمی-تخصصی
نویسنده
موسسه آموزش عالی علوم انسانی
چکیده
عنوان مقاله [English]
نویسنده [English]
Adoption or guardianship of children is a legal agreement whereby a couple takes a child under their guardianship and becomes known as his or her artificial parents. Guardianship is a legal contract that merely creates a legal relationship and legal kinship. Guardianship, in addition to financial effects, also has important non-financial effects that have gained special importance in different legal systems. The purpose of this study is to examine the non-financial effects of guardianship of children in the laws of Iran and Afghanistan. The research method in this article is a descriptive analysis that analyzes the non-financial effects of the guardianship institution in these two countries. The main question of the study is what the non-financial effects of guardianship in the laws of Iran and Afghanistan include and what differences and similarities exist between the laws of these two countries in this regard. The findings of the study show that the most important non-financial effects of guardianship include the creation of privacy or not, the permission or prohibition of marriage between the child and the guardians, the guardianship of the child, the custody and maintenance of the child, and the extension of the guardians' surname to the child. These issues are subject to specific regulations from a religious and legal perspective in both countries and have significant psychological and social impacts on the child and the guardians. The present study also analyzes these effects based on religious verses and traditions and the opinions of jurists and explains the legal differences in the laws of Iran and Afghanistan.
کلیدواژهها [English]
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