Considerations on the Perfectionism Approach in Family Legislation in Iran and France

Articles in Press

Document Type : Research Paper

Authors

1 Professor of Department of Private Law, Faculty of law, Shahid Beheshti University.Tehran, Iran.

2 Ph.D. in Private Law, Faculty of law, Shahid Beheshti University, Tehran, Iran.

3 Assistant Professor of Department of Private Law, Faculty of law, Shahid Beheshti University, Tehran, Iran.

4 Associate Professor of Department of Public Law,ّ Faculty of law, Shahid Beheshti University, Tehran, Iran.

Abstract

Abstract

The point in the consideration of perfectionism and neutralism is whether a state (in its general meaning) may burden any duty or deserve any right to make policies for the family to present a desirable model of a family. While both approaches in an absolute way do not apply, the states apply a blended version based on their supporting theoretical foundations. In this survey after determining the concept and the kinds of governmental perfectionism in family, we are going to analyze some of the main examples of a family policy in Iran and France. This will be based on the privilege of public interest on the individual’s interest and freedom and patriarchy (legal paternalism) and legal moralism’s considerations in family law’s legislation. In this regard, it is necessary to know how far a family as a private sphere should be included in the public territory (public sphere) and how the government’s interference would be justified. Also, the scope of the perfectionism approach in the family legislation and theoretical basis and the arguments for that in a comparative method is expected.

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Comparative Law Review

Articles in Press, Accepted Manuscript
Available Online from 18 June 2024

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