نوع مقاله : نقد رای وحدت رویه
نویسنده
گروه حقوق خصوصی، دانشکده حقوق و علوم سیاسی، دانشگاه خوارزمی، تهران،ایران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسنده [English]
The Unification of Judgments Decision, which is the subject of this article's criticism, was issued following the Disagreement between the first and fifth branches of the Supreme Court, in the case of Embryo donation lawsuit. The fifth branch of the Supreme Court of Iran, considering the request for embryo donation as a lawsuit that has a defendant, declared the competent court according to those The fifth branch of the Supreme Court of Iran, considering the request for embryo donation as a lawsuit that has a defendant, declared the courts of Tehran as competent court, but the first branch of the Supreme Court of Iran did not consider the said request to be a petition and considered it as non-contradictory affairs, Also, based on the decision of the mentioned branch, the couple has the possibility to file this request at their place of residence. With the occurrence of the disagreement, the No 755 Unification of Judgments Decision was issued in 2015 and according to that, the decision of the first branch of the Supreme Court of the country, was found accordance with the law. The said Unification of Judgments Decision, like many Unification of Judgments Decision that has been issued, has strengths and weaknesses, and it was determined by analyzing these strengths and weaknesses that: The Unification of Judgments Decision has been issued considering the non-contradictory nature of the embryo donation request. The effects of non-contradictory affairs requests are loaded on it and it is in harmony with social requirements, but besides these features; The Unification of Judgments Decision has expanded its scope beyond the branches disagreement, it has repeated the same provisions of the regulation. and, contrary to the family protection law, it has not deemed it necessary to submit a petition.
کلیدواژهها [English]
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