Jurisprudential-Legal Analysis of Article 1177 of the Civil Code

Document Type : Original Article

Authors

1 Associate professor at University of Ilam

2 PhD student in Jurisprudence

Abstract

The jurists have briefly considered the ruling of obedience to the parents and have considered two opinions in total: the obligation of obedience to the parents absolutely and the non-obligation of it absolutely. Due to the lack of detailed discussion about it in jurisprudence, and the existence of ambiguities in this regard, the legislator made a mistake and while misusing some words and customary interpretation of the issue, in Article 1177 of the Civil Code, ordered children to obey their parents and considered it necessary to respect them. In this study, which was conducted in a descriptive-analytical method, while concluding that there is no religious document indicating the obligation to obey the parents, and what is there only indicates the sanctity of the disobedience and annoyance of parents. The beginning of Article 1177 has been considered as lacking jurisprudential aspect and by criticizing it, it has tried to edit it.

Keywords