Volume 6, Issue 4 (OCTOBER 2007)
Payesh 2007, 6(4): 0-0 |
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Milanifar A.R., Shahbazi M.H., Akhondi M.A., Behjati Ardakani Z.. A legal assessment of court permission, subject of article 2 of the embryo donation act. Payesh 2007; 6 (4)
URL: http://payeshjournal.ir/article-1-694-en.html
URL: http://payeshjournal.ir/article-1-694-en.html
Abstract: (5037 Views)
Objective(s): Court verdicts that include rights, duties, permission and the like are issued with the aim of preserving public interests and delivering justice. These verdicts are highly valued in all legal regimes. In this regard, law experts have addressed the court final decision from different aspects especially through a procedural approach. The researchers intend to assess the court permission which must be accorded on the basis of article 2 of embryo donation act 2003 from a civil procedural perspective.
Results: The court final decision is indeed permission in the field of personal status law. This decision is similar to the declaratory judgments where it points to the couple’s infertility and to establishing ones where pointing to a permission to benefit from the infertility treatment facilities. This decision could be appealed if depriving the couples from the facilities, though in absent hearing is not accepted. Further appeal and re-hearing is not accepted as well.
Conclusion: Based on the text of the act, decision of the court is considered as permission and in this regard it is one of power conferring rules allowing the claimants to do what they have applied for. Therefore, the decision cannot be enforced against an infertility treatment centre. Other important point is that according to the Act, the assessment of couples' qualifications is done out of formalities of Civil procedure and by implication after acceptance of the qualification or the rejection, the decision and its review will be according to Civil procedure too.
Results: The court final decision is indeed permission in the field of personal status law. This decision is similar to the declaratory judgments where it points to the couple’s infertility and to establishing ones where pointing to a permission to benefit from the infertility treatment facilities. This decision could be appealed if depriving the couples from the facilities, though in absent hearing is not accepted. Further appeal and re-hearing is not accepted as well.
Conclusion: Based on the text of the act, decision of the court is considered as permission and in this regard it is one of power conferring rules allowing the claimants to do what they have applied for. Therefore, the decision cannot be enforced against an infertility treatment centre. Other important point is that according to the Act, the assessment of couples' qualifications is done out of formalities of Civil procedure and by implication after acceptance of the qualification or the rejection, the decision and its review will be according to Civil procedure too.
type of study: Descriptive |
Accepted: 2018/11/28 | Published: 2007/10/15
Accepted: 2018/11/28 | Published: 2007/10/15
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