مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Verion
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

video

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

sound

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Persian Version

Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

View:

1,251
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Download:

0
Scientific Information Database (SID) - Trusted Source for Research and Academic Resources

Cites:

Information Journal Paper

Title

The role of arbitration in reducing family litigation with emphasis on international documents

Pages

  184-205

Abstract

 Field and Aims: Nowadays, the legal solution in order to separate the couple is to refer to the family court, as a result of which, according to the laws in question, the arbitral tribunal is responsible for resolving family disputes. The Family Protection Law adopted in 1391, according to the order of the Holy Sharia of Islam, has made it necessary to refer Divorce cases to Arbitration. This is a legal obligation in order to create peace and reconciliation between conflicting couples and to support the center of families that are on the verge of disintegration, because maintaining the foundation of the family is very important. And in International Documents such as the International Covenant on Civil and Political Rights, the institution of the family is mentioned as a natural and fundamental element of society. Acceptance of Arbitration in family affairs is a reason to reduce the entry of family cases into the judiciary, which in itself has accelerated the proceedings with the establishment of Arbitration centers, reducing the number of court cases in the family court. Methodology: The present study is descriptive-analytical and has used phishing tools. Findings and Conclusion: One of the issues that is considered today in reducing the rate of Divorce and the social harms caused by it and has lost its function in the family justice institution today should be considered the institution of Arbitration in Divorce. Proper enforcement of Arbitration in family court is effective in reducing the Divorce rate. Increasing or decreasing the Divorce rate is related to the main categories related to the subject of Arbitration, in the individual field (arbitrators’ expertise and skills), in the social field (Arbitration environment) and in the legal field (pre-trial and late Arbitration); That is, the lack of expertise, knowledge and insight of the arbitrators, the tense environment of Arbitration in court and the priority of filing a Divorce petition over Arbitration, have caused the desired results of Arbitration between couples to resolve disputes.

Cites

  • No record.

    • References

  • No record.

    • Cite

    APA: Copy

    Shariat Kermani, Aref, & Sabahi Garaghani, Moien. (2021). The role of arbitration in reducing family litigation with emphasis on international documents. POLICE INTERNATIONAL STUDIES, 12(45 ), 184-205. SID. https://sid.ir/paper/385824/en

    Vancouver: Copy

    Shariat Kermani Aref, Sabahi Garaghani Moien. The role of arbitration in reducing family litigation with emphasis on international documents. POLICE INTERNATIONAL STUDIES[Internet]. 2021;12(45 ):184-205. Available from: https://sid.ir/paper/385824/en

    IEEE: Copy

    Aref Shariat Kermani, and Moien Sabahi Garaghani, “The role of arbitration in reducing family litigation with emphasis on international documents,” POLICE INTERNATIONAL STUDIES, vol. 12, no. 45 , pp. 184–205, 2021, [Online]. Available: https://sid.ir/paper/385824/en

    Related Journal Papers

    Related Seminar Papers

  • No record.

    • Related Plans

  • No record.

    • Recommended Workshops






    Move to top