The Scope of Financial Authority of Custodian on Properties of Minor Children from the Viewpoint of Jurisprudence of Islamic Denominations
Author(s):
Article Type:
Research/Original Article (دارای رتبه معتبر)
Abstract:
In cases where the custodian of a minor child makes a decision whose effects continue after the age of puberty and growth, the question arises as to what the status of the decision and the transaction may be. The civil law has not stated a clear mandate in this regard. In jurisprudence this is a highly divergent issue. In general, the theories and views of the jurisprudents are based on five theories; one group consider the financial authority of custodian absolutely right and influential and the other group consider the financial authority of custodian invalid. Some jurists distinguish between the assumption of knowing about the continuation of the financial authority of custodian after puberty and the assumption of lack of knowledge. Some have explained about the current or future expediency of the minor. In the present paper, which is based on the descriptive-analytic method, it is concluded that in cases where the custodian makes decisions about the minor’s property, which has spread after his puberty and maturity, then the decisions are not valid and the minor can deny the actions taken after reaching legal age.
Keywords:
Language:
Persian
Published:
Fighe Maqaran, Volume:8 Issue: 16, 2021
Pages:
177 to 196
https://www.magiran.com/p2354011
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