Legal Research Quarterly

Legal Research Quarterly

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

Document Type : Original Article

Authors
Mostafa Mohaghegh Damad 1
Mehrangiz Shahmoradi Zavareh 2
ASADOLLAH YAVARI 3
GholamAli Seifi 4
1 . Professor of Law, Faculty of Law, Shahid Beheshti University, Tehran, Iran
2 PHD Candidate of Private Law, Shahid Beheshti UniversityTehra, Iran.
3 * Associate Professor of Public Law, Shahid Beheshti University،Tehran،Iran.
4 Assistant Professor of Private Law, Shahid Beheshti UniversityTehran, Iran.
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.
Keywords
Maximalist Regulation
Minimal Regulation
Desirable Regulation
Regulator
Family Policy
Subjects

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  • Receive Date 09 October 2023
  • Revise Date 05 October 2024
  • Accept Date 21 January 2024