facualty of law and political sience, tehran univercity
Abstract
Guardianship of father and grandfather upon insanity minor or adult child from its childhood is undisputed in Jurisprudence and civil law: but there is no consensus about effect of moral competence father or grandfather to canonical legal. Article 1180 of iranan cicil code Appointed:”minor is upon Guardianship of his father and his grandfather. And also insanity minor or adult child from its childhood is upon Guardianship of his father and his grandfather. This article proves that moral qualifications, and particular justice or trustworthy, has no effects in proofing natural guardian. But it plays important role in using of this right and implementation of its power. Therefore, much as father was unfaithful it has supervision upon obsolete child, without the ruler can interfere it. But if it is proved that father applies losses of his child, the ruler can uninstall him. In addition to, this cases natural guardian isn’t trustee and posses civil responsibility in his possessions.
