The Concept and Application of Regulation in The Institution of Family; A Comparative Review in Iranian and French Laws

Document Type : Original Article

Authors

1 Professor of Law, Shahid Beheshti University

2 PHD Candidate of Private Law, Shahid Beheshti University

3 * Associate Professor of Public Law, Shahid Beheshti University

4 Assistant Professor of Private Law, Shahid Beheshti University

10.48308/jlr.2024.233387.2604

Abstract

Family policy is a remarkable example of regulation in its special meaning. There are different theories and approaches to regulation in the Institution of family. In consideration of the state theory and the supporting theoretical basis, Iran and France’s States, have justified their family regulation based on the prioritizing public interest on individuals, public order and good morals, legal paternalism and legal moralism, protecting the rights and individual freedoms, especially for the minorities, guarantying human’s dignity, equality, justice, and considering The Harm Principle. However, there are fundamental differences between the two legal systems despite some similarities in the quality, the scope, and the basis (criteria) of the regulation in the Institution of family. Although the family is included in the governmental regulation, this needs to be exceptional, regulatory, protective, minimal, and based on the necessities, rationality, and law. The question of the survey besides the legitimacy of the regulation is about the methods and the territory of the family regulation.

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Articles in Press, Accepted Manuscript
Available Online from 21 January 2024
  • Receive Date: 09 October 2023
  • Revise Date: 22 June 2024
  • Accept Date: 21 January 2024