JUDICIAL DIVORCE AND ITS NATURE

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ROUSHAN M.; MOZAFARI MOSTAFA

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Paper Information

Journal: Journal of Family Research Year:2009 | Volume:5 | Issue:2 (18) Page(s): 236-274

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Information Journal Paper

Title

JUDICIAL DIVORCE AND ITS NATURE

Author(s)

ROUSHAN M. | MOZAFARI MOSTAFA | Issue Writer Certificate

Keywords

DIVORCEQ2

REVOCABLE DIVORCEQ3

IRREVOCABLE DIVORCEQ3

JUDICIAL DIVORCEQ3

MALE JURISDICTIONQ3

Abstract

According to the Iranian rules, DIVORCE is within the jurisdiction of the husband, and only in special cases is the wife entitled to request DIVORCE from the court, which is called ‘judicial DIVORCE". The issue that matters in the discussion of judicial DIVORCE is its nature; which may bring different effects. There is a disagreement about the nature of judicial DIVORCE; some believe that it is a revocable DIVORCE while some others consider it as irrevocable. The arguments of both sides indicate significant and fundamental flaws.The third viewpoint presented proportionate to the characteristics of judicial DIVORCE in this paper is that this kind of DIVORCE is to be considered as ‘irrevocable in kind’.This viewpoint not only removes the defects of the previous opinions, but also offers a fundamental step towards the protection of the family structure, the preservation of women rights and the prevention of probable abuse by men.

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طلاق قضایی و طبیعت حقوقی آن

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APA: Copy

ROUSHAN, M., & MOZAFARI, MOSTAFA. (2009). JUDICIAL DIVORCE AND ITS NATURE. JOURNAL OF FAMILY RESEARCH, 5(2 (18)), 236-274. SID. https://sid.ir/paper/358981/en

Vancouver: Copy

ROUSHAN M., MOZAFARI MOSTAFA. JUDICIAL DIVORCE AND ITS NATURE. JOURNAL OF FAMILY RESEARCH[Internet]. 2009;5(2 (18)):236-274. Available from: https://sid.ir/paper/358981/en

IEEE: Copy

M. ROUSHAN, and MOSTAFA MOZAFARI, “JUDICIAL DIVORCE AND ITS NATURE,” JOURNAL OF FAMILY RESEARCH, vol. 5, no. 2 (18), pp. 236–274, 2009, [Online]. Available: https://sid.ir/paper/358981/en

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