The Legal Consequences of Solemn Malediction in Denial of Child

Document Type : Specialized Article

Authors

1 Master of Science in Law, Qom University

2 Assistant Professor of Law at Qom University

Abstract

There are different opinions among shiite Jurists regarding the consequence of solemn malediction after the negation of the father's solemn malediction denying the child. In this article while considering the legal nature of the father's denial which is a kind of confession and analysis of each and every Judicial documents as well as the present traditions and reliable practical principles, it has been attempted to answer the question as to whether the child enjoys the parental relation and continues its relation with the father's relatives or only one side of the relationships remains which includes the parental duties of the father, leaving him with no rights toward the child after its denial. It can be deduced from both correct versions available that if the father returns to the family and negates the solemn malediction, all duties of parental relation remain, but the child has no responsibility toward its fathers.

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