Confinement and growth

Growth sentence

In the civil law, the legislator does not consider valid the acts and actions of people who have not reached the legal age. Now, if a person wants to make financial transactions (buying, selling…) before reaching the legal age, he must go to the court and request the issuance of a decree of maturity. To put it more simply, in the judgment of growth, the court requests the minor who claims growth and the ability and the possibility of managing his own affairs, by examining the aspects that can be simply asking questions of the minor or referring him to forensic medicine to determine the exact age and diagnosis of growth. He will investigate the request and issue a ruling if he is eligible.

It is necessary to mention that; the growth order is only related to finance, because it is in finance that the child’s rights are at stake, and in non-financial matters such as marriage, divorce does not require a growth sentence.

Effects of Growth Verdict

If the court issues a growth order according to the contents of the case, the child has the ability to take over and manage all his / her finances from the date of issuance of the order, while before issuing the growth order he / she needs a guardian, guardian or a person in charge of managing his property.

The difference between growth and maturity

Generally, people use the word wise and mature to describe a person who has the ability and authority to do something, and there is no reference to a person growing or maturing. But in fact, puberty is different from growth. Puberty means perfection and care and indicates the state and situation in which a person shows and manifests sexual symptoms and effects. Of course, puberty is not only semantically specific to sexual issues, but also includes development and maturity in other matters. For example, intellectual maturity that occurs in people as a result of study and association. The age of puberty is 9 full lunar years for girls and 15 full lunar years for boys. But growth refers to a situation in which a person is able to perceive good and bad, and more importantly, to recognize the value and value of something (in legal terms, reason is said to have a living wage).

But growth and maturity are related to each other, so that one of the main and basic conditions for achieving growth in a person is reaching puberty. Although a person may reach puberty, he or she may be stunted or even at the discretion of the court.

Judgment of the Confinement and its proof

The issuance of a confinement sentence creates a legal situation in a person that prevents him from interfering in matters, especially financial matters. In this article, we will examine the method of proving and how to apply for a confinement and the effects of a confinement sentence.

Fugitive

In the Code of Civil Procedure, measures have been devised for people who are unable to discern their own interests due to the weakness of their mental powers (the power to discern economic issues), the first step of which is to issue a confinement sentence for these people the person is ostracized.

On the other hand, the law imposes restrictions on these persons to the extent that even the detainees are not allowed to seize their property, and the reason for this, as mentioned, is to prevent possible abuse of the detainee.

According to the law, the court is obliged to appoint a guardian for these persons.

After determining the guardian, all the property and assets of the inmate are given to the guardian and he must manage the property and assets of the inmate. The guardian has no right to make any encroachment on his property and assets that is against his interests.

How to prove the confinement of persons

One of the best and fastest ways to prove the confining of a person is to go to forensic medicine and receive a medical letter stating that the confining of a person is confined, which is approved by the court and does not require investigation and long steps. Another way to prove the confinement is to use the testimony of witnesses, based on their observations of the behavior of the bewildered person, which can be a statistic to confirm the confinement of the person.

How to issue a confinement sentence

After informing the prosecutor about the confinement and examining the evidence, the detainee will be referred to the court and introduced, the court will conduct the necessary investigation into the situation of the detainee and then an appropriate verdict will be issued.

Also, other people who have witnessed the confining of the mentioned person can file a petition for the issuance of the confining sentence through the offices of the judicial services, request the issuance of the confining sentence for these persons and request custody for these persons.

Competent court to issue a confinement sentence and install a guardian

Issuance of the sentence of confining and installation of a guardian in jurisdiction According to the Family Protection Law approved in 2013, is within the jurisdiction of the family court.

If you have any questions about the confinement and its growth and the provisions related to it, or if you need guidance in preparing and implementing its provisions, our experienced consultants and lawyers at the Asia Lawyers Group will answer your questions.