نوع مقاله : علمی- ترویجی
نویسندگان
1 استادیار گروه حقوق خصوصی و اسلامی دانشگاه شیراز
2 دانش آموخته کارشناسی ارشد حقوق خصوصی از دانشگاه شیراز
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Parentage is a biological and genetic topic to which much attention has been paid in jurisprudence and law due to its numerous legal effects. Advances in genetics and its relation to the field of law and the courts in the last three decades and the use of DNA and blood analysis, make the study of the jurisprudential and legal credibility of this problem necessary. The present article seeks to answer the question whether the jurisprudential and legal credibility of blood tests and genetic evidence is valid enough to resolve cases related to rejection of parentage. Some jurist believe that these types of tests are more valid than evidence of the marriage bed and proof of the contrary to evidence is possible via the above mentioned tests; however, the answer to the research question of this paper is that although there has been some success in the area of genetic testing in connection to the relation of parental relationship but; in cases where all the conditions of the marriage bed have been proved, these tests can not deal with this circumstantial evidence and proving the contrary of the circumstantial evidence of the marriage bed in this manner is not possible unless one of the conditions of the circumstantial evidence is missing. In that case, the use of the above mentioned test can be useful-as judicial evidence.
کلیدواژهها [English]
)