Child's guardianship The Loan Condition of Child's Guardianship in Legal System of Iran

Custody is one of the most influential organizations in the education and mental and physical development of children. Loan condition of child’s guardianship is one of the basic issues of custody. The aim of this study is to investigate the condition of the loan of child’s guardianship in the regulation and laws.

This study is descriptive، analytical. Type of research is basic and applied and the method of data gathering is documentation.

In the votes of jurists، the loan of child guardianship if resulted in the loss of the child and does not provide his benefits shall prevail. In other words، the presence or absence of a loan condition can not be the only criteria for determining qualification of child’s guardianship. But the absence of a loan condition take into consideration of disqualification criteria which result in child’s loss. In the legal rules of Iran there are some gaps in loan definition and some essential regulations relating to it.

With investigation and citing numerous legal sources has been proven that if the absence of loan condition of child’s guardianship results in loss of child، it will cause to disqualification of the child’s guardian. Some solutions for reform of laws and regulation based on loan condition of child’s guardianship are: Determining the limits and characteristics of moral qualification، which are used in laws and regulations related to child guardianship; Considering the criteria for eliminating loss and attract interests in determining child custody cases; Determining limits and criteria of child training and emphasized to necessity of religious qualifications about children; and determining appropriate punishments in order to protect child’s interests and eliminating his loss.