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<ArticleSet>
<Article>
<Journal>
				<PublisherName>Univerisity of Qom</PublisherName>
				<JournalTitle>Comparative Studies on Islamic and Western Law</JournalTitle>
				<Issn>2476-4213</Issn>
				<Volume>8</Volume>
				<Issue>3</Issue>
				<PubDate PubStatus="epublish">
					<Year>2021</Year>
					<Month>09</Month>
					<Day>23</Day>
				</PubDate>
			</Journal>
<ArticleTitle>Natural and Contractual Transfer of Property to the Adopted Child in US Law(With a View on Law of Iran)</ArticleTitle>
<VernacularTitle>Natural and Contractual Transfer of Property to the Adopted Child in US Law(With a View on Law of Iran)</VernacularTitle>
			<FirstPage>167</FirstPage>
			<LastPage>196</LastPage>
			<ELocationID EIdType="pii">1916</ELocationID>
			
<ELocationID EIdType="doi">10.22091/csiw.2021.5740.1867</ELocationID>
			
			<Language>FA</Language>
<AuthorList>
<Author>
					<FirstName>Mohammad Hasan</FirstName>
					<LastName>Sadeghi Moghadam</LastName>
<Affiliation>Professor, Department of Private and Islamic Law, Faculty of Law and Political Science, University of Tehran.</Affiliation>

</Author>
<Author>
					<FirstName>Zohre</FirstName>
					<LastName>Afshar Quchani</LastName>
<Affiliation>Ph. D. in Private Law and University Lecturer</Affiliation>

</Author>
</AuthorList>
				<PublicationType>Journal Article</PublicationType>
			<History>
				<PubDate PubStatus="received">
					<Year>2020</Year>
					<Month>07</Month>
					<Day>15</Day>
				</PubDate>
			</History>
		<Abstract>The custody of children and adolescents without a guardian and with a bad guardian in Iranian law ‎has many similarities with the institution of adoption in American law, with the fundamental difference ‎that custody in Iranian law does not result in a real parent-child relationship between the guardian ‎and the adopted child, and just is resulted into some analogous rights and duties. This legal relationship ‎will have financial and non-financial effects on the relationship between the parties, one of the most ‎important financial effects has always been the possibility of inheritance between them or bequest of ‎property for each other.‎ The present study, focusing on American law and jurisprudence in this country, has tried to study the ‎various presumptions of inheritance between the adopted child and the guardian, the adopted child and ‎the guardian relatives, and the adopted child and his/her real parents. Furthermore, it examines the possibility of invoking the will concluded in favour of the adopted child, assuming the conclusion of a ‎direct will by the guardian or an indirect will by the relatives of the guardian. In doing so, there has ‎been a view on Iranian law and related codified laws.</Abstract>
			<OtherAbstract Language="FA">The custody of children and adolescents without a guardian and with a bad guardian in Iranian law ‎has many similarities with the institution of adoption in American law, with the fundamental difference ‎that custody in Iranian law does not result in a real parent-child relationship between the guardian ‎and the adopted child, and just is resulted into some analogous rights and duties. This legal relationship ‎will have financial and non-financial effects on the relationship between the parties, one of the most ‎important financial effects has always been the possibility of inheritance between them or bequest of ‎property for each other.‎ The present study, focusing on American law and jurisprudence in this country, has tried to study the ‎various presumptions of inheritance between the adopted child and the guardian, the adopted child and ‎the guardian relatives, and the adopted child and his/her real parents. Furthermore, it examines the possibility of invoking the will concluded in favour of the adopted child, assuming the conclusion of a ‎direct will by the guardian or an indirect will by the relatives of the guardian. In doing so, there has ‎been a view on Iranian law and related codified laws.</OtherAbstract>
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			<Object Type="keyword">
			<Param Name="value">Adopted child</Param>
			</Object>
			<Object Type="keyword">
			<Param Name="value">guardian</Param>
			</Object>
			<Object Type="keyword">
			<Param Name="value">real parents</Param>
			</Object>
			<Object Type="keyword">
			<Param Name="value">inheritance</Param>
			</Object>
			<Object Type="keyword">
			<Param Name="value">will</Param>
			</Object>
		</ObjectList>
<ArchiveCopySource DocType="pdf">https://csiw.qom.ac.ir/article_1916_ac6481af08240b5ee4168185018d8a8d.pdf</ArchiveCopySource>
</Article>
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