Volume 16 - Special Issue on Legal Developments
MLJ 2022, 16 - Special Issue on Legal Developments: 761-782 |
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Saadat Dourabi M, Hosseini Moghadam S A, Moghadari Amiri A. Examining the Rulings and Effects of the Individual and Social Rights of the Natural Child Based on Jurisprudence and International Documents. MLJ 2022; 16 :761-782
URL: http://ijmedicallaw.ir/article-1-1721-en.html
URL: http://ijmedicallaw.ir/article-1-1721-en.html
1- Department of Private Law, Sari Branch, Islamic Azad University, Sari, Iran.
2- Department of Criminal Law and Criminology, Sari Branch, Islamic Azad University, Sari, Iran.
3- Department of Private Law, Joibar Branch, Islamic Azad University, Joibar, Iran.
2- Department of Criminal Law and Criminology, Sari Branch, Islamic Azad University, Sari, Iran.
3- Department of Private Law, Joibar Branch, Islamic Azad University, Joibar, Iran.
Abstract:
Background and Aim: A child who has only a blood and natural relationship with his parents and has no religious and legal lineage is known in Iranian law as an illegitimate child, adulterer. The desire of the current legislators is to bring the personal and social rights of natural children closer to legal children. This procedure has also been effective in domestic legislation, and in addition to the Supreme Court, the Islamic Council also tried to enact various regulations to protect these people by observing the jurisprudence and Shariah standards.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: The findings show that in connection with the discussion of air accidents, in the country and other countries, the conflict of laws in international transportation has caused a lack of integrity in the interpretation of laws and in some places, the abuse of insurance companies in their obligations in international transportation, and this The fact that there are gaps in the procedures for paying damages and compensation to passengers, deceased, etc. by insurance companies in different countries affects many people in regions and countries.
Conclusion: Article 1 of the law on determining the limits of responsibility of Iranian airlines approved in 2011 states that in domestic flights, the transportation of passengers can only be carried out in accordance with the Islamic Penal Code. According to the above article, the responsibility of the airline company towards passengers is determined in accordance with the Islamic Penal Code. As a result, the responsibility of the airline company and the determination of damages are determined based on the law of diyat contained in the Islamic Penal Code, like other intentional or accidental murders, by the court judge.
Please cite this article as:
Saadat Dourabi M, Askari Hosseini Moghadam SA, Moghadari Amiri A. Examining the Rulings and Effects of the Individual and Social Rights of the Natural Child Based on Jurisprudence and International Documents. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e47.
Method: This research is of a theoretical type and the research method is descriptive-analytical and the method of collecting information is library-based and by referring to documents, books and articles.
Ethical Considerations: In this research, the principles of trustworthiness, honesty, neutrality and originality of the work have been respected.
Results: The findings show that in connection with the discussion of air accidents, in the country and other countries, the conflict of laws in international transportation has caused a lack of integrity in the interpretation of laws and in some places, the abuse of insurance companies in their obligations in international transportation, and this The fact that there are gaps in the procedures for paying damages and compensation to passengers, deceased, etc. by insurance companies in different countries affects many people in regions and countries.
Conclusion: Article 1 of the law on determining the limits of responsibility of Iranian airlines approved in 2011 states that in domestic flights, the transportation of passengers can only be carried out in accordance with the Islamic Penal Code. According to the above article, the responsibility of the airline company towards passengers is determined in accordance with the Islamic Penal Code. As a result, the responsibility of the airline company and the determination of damages are determined based on the law of diyat contained in the Islamic Penal Code, like other intentional or accidental murders, by the court judge.
Please cite this article as:
Saadat Dourabi M, Askari Hosseini Moghadam SA, Moghadari Amiri A. Examining the Rulings and Effects of the Individual and Social Rights of the Natural Child Based on Jurisprudence and International Documents. Medical Law Journal. 2022; 16(Special Issue on Legal Developments): e47.
Type of Study: Original Article |
Received: 2023/07/27 | Accepted: 2023/12/3
Received: 2023/07/27 | Accepted: 2023/12/3
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