نوع مقاله : علمی - پژوهشی
نویسنده
استادیار گروه اقتصاد دانشگاه صنعتی شاهرود، شاهرود، سمنان، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In the jurisprudential–legal framework of family law, the right to name a child is entrusted to the parents, while the child also enjoys several entitlements concerning their name.
A “name” is a multifaceted phenomenon encompassing cultural, historical, political, psychological, sociological, and legal dimensions, and in certain contexts—such as trade names—it carries economic implications that have evolved over time.
Since the philosophy of law aims to regulate social phenomena, any legislative intervention regarding names inevitably affects these dimensions. Despite the significance of this issue, comprehensive research remains scarce, which highlights the necessity of the present study. Adopting a hermeneutic and comparative method with reference to American law, this research investigates the scope of a child’s rights to a name. These rights include the right to choose a name, the right to an appropriate name, the right to a similar name, the right to register a name, the right to change a name, and the right to publicize a name. Both parents and discerning minors are entitled to exercise these rights. However, judicial practice in this area remains inconsistent, while existing legislation is fragmented and insufficient. Accordingly, it is recommended that legislators explicitly recognize these rights in civil registration, civil, and family protection laws, while also designating the competent authority for their enforcement. Furthermore, the Law on the Protection of Children and Adolescents should clearly identify the criminal dimensions of violations in this regard.
کلیدواژهها [English]
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