MATRIMONIAL REGIMES IN IRANIAN AND FRENCH LEGAL SYSTEMS

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ALMASI N.A.; MOHAMMADI M.

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ISSN: 2588-4824

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Journal: NAMEH-YE-MOFID Year:2002 | Volume:8 | Issue:1 (29 LAW) Page(s): 117-147

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Title

MATRIMONIAL REGIMES IN IRANIAN AND FRENCH LEGAL SYSTEMS

Author(s)

ALMASI N.A. | MOHAMMADI M. | Issue Writer Certificate

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Abstract

This article examines matrimonial property regimes in Iran's and France's legal systems (that of France being one of the most sophisticated Western written legal systems). Iran's legal system, following Shi'a jurisprudence, provides for the principle of independence of the espouses in matters of property ownership, administration and disposition. This is among the most advanced legal institutions established by Islam fourteen centuries ago. In French legal system there exist various matrimonial regimes of separation and partnership of property. Two centuries ago, French woman was considered as minor after marriage and it was through laborious progress that she was granted more powers. But it is still true that her powers come smaller than those of man. We believe that man's presidency and wife's maintenance are mutual rights and obligations wife and husband. Man's presidency is the source of his duty to provide maintenance while the other source is wife's being pregnant. But in French legal system the expenses of life and the duty to maintenance are bilateral obligations. The main problem with independence matrimonial regime i.e. the only accepted regime in our legal system is the status of housewives after divorce which is to some extent solved through protections such as quantum meruit of the work done by wife in her husband's house (Art. 336 of Civil Code and Note 6(a) of the Expediency Council) and the institution of Nahlat ( obligatory grant) in Note 6(b) of the same council's resolution.

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APA: Copy

ALMASI, N.A., & MOHAMMADI, M.. (2002). MATRIMONIAL REGIMES IN IRANIAN AND FRENCH LEGAL SYSTEMS. NAMEH-YE-MOFID, 8(1 (29 LAW)), 117-147. SID. https://sid.ir/paper/539822/en

Vancouver: Copy

ALMASI N.A., MOHAMMADI M.. MATRIMONIAL REGIMES IN IRANIAN AND FRENCH LEGAL SYSTEMS. NAMEH-YE-MOFID[Internet]. 2002;8(1 (29 LAW)):117-147. Available from: https://sid.ir/paper/539822/en

IEEE: Copy

N.A. ALMASI, and M. MOHAMMADI, “MATRIMONIAL REGIMES IN IRANIAN AND FRENCH LEGAL SYSTEMS,” NAMEH-YE-MOFID, vol. 8, no. 1 (29 LAW), pp. 117–147, 2002, [Online]. Available: https://sid.ir/paper/539822/en

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