Basics and examples of natural obligations in the family domain in Iranian law
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
In family law, natural obligations or practical situations are legally unclaimable obligations that cannot be returned in case of voluntary and conscious payment by the debtor; Based on Article 266 of the Civil Code, the legal status of this institution can be verified in Iranian law; In this article, the main question is what is the concept, basis, conditions and examples of natural obligations in Iranian family law? After dividing the natural debt into incomplete civil obligations and perfected natural debt, we came to the conclusion that in family law, examples such as alimony for relatives, illegitimate child alimony, and relative alimony have been raised in the surrounding line; Although the jurists have not directly spoken about natural obligations in the field of family, but the basics of natural obligations are consistent with Sharia standards; But considering that family law is more mixed with morality, natural debt will find more examples in this area; Therefore, after examining with a descriptive-analytical method in this article, it is suggested that more materials be devoted to the discussion of natural debt in the civil law of Iran; in such a way that they are defined in a natural debt article; This article can be adjusted as follows: "Natural obligations; Obligations are legally unclaimable that cannot be returned if the debtor pays voluntarily and knowingly.
Keywords:
Language:
Persian
Published:
Iranian Journal of Political Sociology, Volume:3 Issue: 3, 2020
Pages:
2719 to 2734
https://magiran.com/p2504885