COMPROMISING DIVORCE, PRIVATE DOMAIN OR PUBLIC DOMAIN?

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BALAVI M.; BAYAT KOMITAKI M.

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Journal Paper

Paper Information

Journal: Journal of Family Research Year:2009 | Volume:4 | Issue:16/1 (SPECIAL ISSUE: A CRITICAL REVIEW ON FAMILY SUPPORT LEGISLATION) Page(s): 565-584

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Information Journal Paper

Title

COMPROMISING DIVORCE, PRIVATE DOMAIN OR PUBLIC DOMAIN?

Author(s)

BALAVI M. | BAYAT KOMITAKI M. | Issue Writer Certificate

Keywords

DIVORCEQ2

COMPROMISING DIVORCEQ1

PRIVATE DOMAINQ3

PUBLIC DOMAINQ3

COUPLEQ3

FAMILYQ2

Abstract

The present study is going to illustrate the necessity of exempting the DIVORCE from the private parties' agreement (control) and the important need of the assertion of legal mechanism to access to the specific legal norm in respect of this DIVORCE. It will be suggested with the purpose of the protection of FAMILY institution as a social and ethical entity. The present study is a descriptive analytical research. Accordingly the researcher will describe the characteristics of the legal institution of DIVORCE at first and then it will explain the different legal system's attitude to this respect. Afterward the prerequisites and the condition of the validity of this type of DIVORCEs in various times will be evaluated. Finally the ambiguity existed regarding to this issue in different legal system will be examined. A legal system in which the FAMILY as a social and ethical institution is protected by law will deal with the dissolution of this entity more sensitively and will prevent the inopportune DIVORCEs. Consequently this DIVORCE cannot be leaved to the mere agreement of the married COUPLE. This approach will not regard the dissolution of the FAMILY as a revocation of private contractor rescission and it will enter in the PUBLIC DOMAIN. The Iranian legal system seems to accept such an attitude. It has not regarded the mere agreements of married COUPLE as a sufficient condition for the termination of marriage contract.Since a lot of inopportune DIVORCEs which have been precipitately and unreasonably occurred in the first years after the marriage will threat the FAMILY institution, the appropriate law should prevent the adventitious and unreasonable termination of the marriage. As mentioned above the Iranian legal system, in spite of some vagueness’s, has accepted this approach and has limited the autonomy of the married COUPLE in rescission of the marriage contract.

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APA: Copy

BALAVI, M., & BAYAT KOMITAKI, M.. (2009). COMPROMISING DIVORCE, PRIVATE DOMAIN OR PUBLIC DOMAIN?. JOURNAL OF FAMILY RESEARCH, 4(16/1 (SPECIAL ISSUE: A CRITICAL REVIEW ON FAMILY SUPPORT LEGISLATION)), 565-584. SID. https://sid.ir/paper/122233/en

Vancouver: Copy

BALAVI M., BAYAT KOMITAKI M.. COMPROMISING DIVORCE, PRIVATE DOMAIN OR PUBLIC DOMAIN?. JOURNAL OF FAMILY RESEARCH[Internet]. 2009;4(16/1 (SPECIAL ISSUE: A CRITICAL REVIEW ON FAMILY SUPPORT LEGISLATION)):565-584. Available from: https://sid.ir/paper/122233/en

IEEE: Copy

M. BALAVI, and M. BAYAT KOMITAKI, “COMPROMISING DIVORCE, PRIVATE DOMAIN OR PUBLIC DOMAIN?,” JOURNAL OF FAMILY RESEARCH, vol. 4, no. 16/1 (SPECIAL ISSUE: A CRITICAL REVIEW ON FAMILY SUPPORT LEGISLATION), pp. 565–584, 2009, [Online]. Available: https://sid.ir/paper/122233/en

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