عنوان مقاله [English]
One of the fabrications of Article 6 of family protection act approved 2012 is granting the right of representation to the mother in the process of asking for the alimony of the minor or incompetent child in a lawsuit. There are two different views regarding the interpretation of the article 6: some regard it as the creation of mandatory guardianship and some believe that the Article 6 means granting a kind of representation to the mother just like that of institution of the attorneyship or guardianship. Each of the views has different legal effects in the realm of the mother’s responsibilities and authorities. The current paper, using a descriptive-analytical method, explains the nature and the principles of the mother’s guardianship for seeking the child’s alimony. The result of the paper indicates that the Iranian legislator does not confer the right of guardianship to the mother in order to prove the natural guardianship for the mother, but according to the jurisprudential rules and principles, including the principle of concomitance of the permission for object with the permission for its necessities, the current judicial practice, observation of the child’s expediency and interest, it aims only to give the right of representation and the right to make lawsuit. One of the most important outcomes of this theory is that the legal effects of mandatory guardianship, including the guardian’s right of seizure over the properties of the child, the right of guardianship being imperishable and immovable, do not affect this type of representation.
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