A Comparative Study of the End of Guardianship and Adoption in French Law; England and Iran

Olfat, Nemat Allah; Javaheri, Seyyed Ali

doi:10.22096/law.2022.559558.2073

A Comparative Study of the End of Guardianship and Adoption in French Law; England and Iran

Document Type : Research Article

Authors

Nemat Allah Olfat ¹

Seyyed Ali Javaheri ²

¹ Assistant Professor, Department of Law, Mofid University, Qom, Iran.

² PhD in Private Law, Department of Law, Mofid University, Qom, Iran.

10.22096/law.2022.559558.2073

Abstract

Although in most of the contemporary legal systems, there are extensive regulations on adoption and guardianship, but in some of them, there are no regulations, or they are very incomplete and do not meet the needs of today’s society. Among the topics that have received less attention are the provisions related to the end of the relationship of adoption and guardianship. Although in
French countries, England and Iran, there are more or less different laws about this, but which of the laws is in line with protecting the best interests of the child and what are their shortcomings? It is a question that we seek to answer in this article. According to the authors, preserving the best interests of the child is the most important reason and basis for the legitimacy and rationality of ending the relationship of adoption and undesirable guardianship. Therefore, in summary, in all three countries, there is a possibility of canceling guardianship, but they differ in how and why. Now, while explaining how to end adoption and guardianship in each of the French legal systems; England and Iran, it finally becomes clear that in Iranian law, the legislator’s performance in relation to the reasons for which the court may issue a guardianship termination order is more comprehensive than the laws of England and France.

Keywords

Adoption

Guardianship

Best Interests

Child without a Guardianship and a Bad Guardianship

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