Abstract
Personal status arises from Roman law and is consisted of two main elements being status and qualification .it is the result of a division that exists in the Roman Law System. Nowadays, it is considered as a core element of civil rights since the latter is divided into two divisions of personal status and objective status. By personal status it is referred to characteristics that determine an individual's personal and legal status and identity as well as the assignments of the person in society. The former status belongs to the self and is not separated from his/her social status. In addition, it is not exchangeable and cannot be turned into cash. For example, marriage and divorce or in other words anything that amplifies the relation between the person and his/her family are considered as personal statuses and on the other hand, anything related to financial relations is considered as objective status. Laws governing personal status are in general the same laws of the government; however this law has its exceptions including public discipline, minorities, genealogy, qualification and individuals with no citizenship which are discussed in the present article.
Highlights
Personal status is a new phrase which has current applications in civil codes and international laws
Personal status arises from Roman law and is consisted of two main elements being status and qualification .it is the result of a division that exists in the Roman Law System
Marriage and divorce or in other words anything that amplifies the relation between the person and his/her family are considered as personal statuses and on the other hand, anything related to financial relations is considered as objective status
Summary
Personal status is a new phrase which has current applications in civil codes and international laws. This phrase has no history in juridical texts. The evolution resulted by French Civil Code found its way to other countries and as a result, the principle of enforcement of national law regarding personal status was accepted in major parts of Europe and some parts of Latin America. The principle of enforcement of national law regarding personal status was approved by the international law institute during meetings held in 1900s. It was accepted in multidimensional political treaties of 1902 and 1905 of Hague (NASIRI, 2016). It is obvious and clear that one of the boldest characteristics of personal status is that it is not exchangeable and cannot be interchanged with money and has no relation with the person's occupational or social status (SAFAEI ET AL., 2016)
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