Volume 19, Issue 1 (January - February 2020)
Payesh 2020, 19(1): 63-73 |
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Merghati Khoei S T, Ghasemzadeh S. Concept development of causality in inheritance of children born through A.R.Ts with third party intervention. Payesh 2020; 19 (1) :63-73
URL: http://payeshjournal.ir/article-1-1282-en.html
URL: http://payeshjournal.ir/article-1-1282-en.html
1- Faculty of Law, Alborz Campus, Tehran University, Tehran, Iran
Abstract: (3225 Views)
Objective (s): This article discusses about developing concept of causality in inheritance of children born through assisted reproductive technologies with third party intervention by referring to jurisprudential standards, philosophy of law, general rules of contracts and the legal systems in different countries including Iran.
Methods: A through review was conducted in order to develop the concept of causality in inheritance of children born through A.R.Ts with third party intervention.
Results: We can rationalize reciprocal inheritance of the child born by assisted reproductive technologies (ARTs) with third party intervention and adoptive parents by virtue in An-Nissa Sura, Verse 33, where the implied terms by contract and jurisprudential principle that says ‘Imam is the heir of a person who has no heir’.
And if so there is no genetic relationship between the two parties in guarantee of crime and matrimony, but the reciprocal inheritance is predicted, and now we can apply this structure in the mentioned relationship.
Conclusion: The legislator, through contract and the implied terms, can design a specific model for reciprocal inheritance between these children and their adoptive parents, despite the absence of genetic relationship between them, so that these children can inherit from their parents as other children.
Results: We can rationalize reciprocal inheritance of the child born by assisted reproductive technologies (ARTs) with third party intervention and adoptive parents by virtue in An-Nissa Sura, Verse 33, where the implied terms by contract and jurisprudential principle that says ‘Imam is the heir of a person who has no heir’.
And if so there is no genetic relationship between the two parties in guarantee of crime and matrimony, but the reciprocal inheritance is predicted, and now we can apply this structure in the mentioned relationship.
Conclusion: The legislator, through contract and the implied terms, can design a specific model for reciprocal inheritance between these children and their adoptive parents, despite the absence of genetic relationship between them, so that these children can inherit from their parents as other children.
type of study: Descriptive |
Received: 2020/01/16 | Accepted: 2020/02/8 | ePublished ahead of print: 2020/03/4 | Published: 2020/03/4
Received: 2020/01/16 | Accepted: 2020/02/8 | ePublished ahead of print: 2020/03/4 | Published: 2020/03/4
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