HUSBANDS REMARRIAGE DUE TO WIFES DISOBEDIENCE AND DIVORCE AGENCY TERM

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ASADI LEILA SADAT; MOMEN ROGHAYEH SADAT

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Journal Paper

Paper Information

Journal: THE JUDICIARY’S LAW JOURNAL Year:2011 | Volume:74 | Issue:72 Page(s): 9-34

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Information Journal Paper

Title

HUSBANDS REMARRIAGE DUE TO WIFES DISOBEDIENCE AND DIVORCE AGENCY TERM

Author(s)

ASADI LEILA SADAT | MOMEN ROGHAYEH SADAT | Issue Writer Certificate

Keywords

PRECEDENT VERDICTQ2

SUPREME COURT OF CASSATIONQ2

DISOBEDIENCEQ1

REMARRIAGEQ2

DIVORCE AGENCYQ2

RELIGIOUS JURISPRUDENCEQ3

Abstract

According to the twelfth term in formal marriage deeds, in case of husband’s REMARRIAGE, the wife can divorce herself on husband’s behalf. Legal procedure used to consider court’s vote to husband’s right of REMARRIAGE ineffective in realization of this term; even if the cause of the vote was wife’s DISOBEDIENCE. The precedence verdict issued by the Full Branch of the Supreme Court, opposed to the current legal procedure, has considered wife’s DISOBEDIENCE a hindrance in realization of this term. This vote is based upon right abuse prohibition rule, compelling the wife to obey, enormity of rewarding disobedient wife, and admission of this notion in adjudications of religious jurisprudents. While each of the above can be answered, the most important weakness of this verdict is that the position of the PRECEDENT VERDICT is interpretation of law, an entity derived from legislator’s will; thus the verdict is generally dominant. Whereas the implied term is derived from parties’ will. Also, according to 167th principle of the constitution, a reference to religious resources and reliable adjudications is dependent upon ambiguity, imperfection, conciseness, or contradiction of legal texts; while the current issue has just contractual aspects.

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APA: Copy

ASADI, LEILA SADAT, & MOMEN, ROGHAYEH SADAT. (2011). HUSBANDS REMARRIAGE DUE TO WIFES DISOBEDIENCE AND DIVORCE AGENCY TERM. THE JUDICIARY’S LAW JOURNAL, 74(72), 9-34. SID. https://sid.ir/paper/137949/en

Vancouver: Copy

ASADI LEILA SADAT, MOMEN ROGHAYEH SADAT. HUSBANDS REMARRIAGE DUE TO WIFES DISOBEDIENCE AND DIVORCE AGENCY TERM. THE JUDICIARY’S LAW JOURNAL[Internet]. 2011;74(72):9-34. Available from: https://sid.ir/paper/137949/en

IEEE: Copy

LEILA SADAT ASADI, and ROGHAYEH SADAT MOMEN, “HUSBANDS REMARRIAGE DUE TO WIFES DISOBEDIENCE AND DIVORCE AGENCY TERM,” THE JUDICIARY’S LAW JOURNAL, vol. 74, no. 72, pp. 9–34, 2011, [Online]. Available: https://sid.ir/paper/137949/en

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