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Author(s): 

MAGHSOUDI REZA

Issue Info: 
  • Year: 

    2016
  • Volume: 

    20
  • Issue: 

    63
  • Pages: 

    167-186
Measures: 
  • Citations: 

    0
  • Views: 

    1137
  • Downloads: 

    0
Abstract: 

In systems of the resolution of conflict of laws, divorce, as an example of personal status typically follows one of the factors of a certain relashionship such as nationality or domicile. The basic question is whether couples, as two legal parties, can choose the governing law of divorce? Basically, the interest of states and the third parties, leave no room for private agreement between couples in this area; in Iranian law, as well, following of the conflicting law resolution, divorce is considered to be mandatory and non-infringing. Nevertheless, the developments of private international law have lead to the expansion of the sphere of the rule of will in the category of personal status and in many countries give couples permission to select their own favored law from devorce laws. A review of the law in European countries, particularly in light of the Europe Union’s Rights -Act of 2010, as well as the common practice in the courts of the United States, represents a weakening of traditional system and the promotion of rule of will in determining the present devorce law. These developments will have an affect on Iranian law. Such that the Iranian court can, i.e., in the case of foreign nationals, by execution of Direct Renovi regulation first, the Iranian law selected by the couples, can be executed accordingly.

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

View 1137

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
Issue Info: 
  • Year: 

    2016
  • Volume: 

    20
  • Issue: 

    63
  • Pages: 

    69-94
Measures: 
  • Citations: 

    0
  • Views: 

    1781
  • Downloads: 

    0
Abstract: 

Dominence of ethics in the family is a fundamental principle which constitutes the most pivotal issue of the family institution. Serving the wife or mother has no other motive than love and sacrifice and talking about the wages concerning these moral obligations is unfair; but if we want to discuss it from a legal point of view we will be faced with questions that this study attempts to answer. The basic questions in this article are: what is the jurisprudential and legal principle of demand for remuneration during the days of wedlock? What are the existing ambiguities and indifferations in the laws and regulations of Iran in relation to the accrued terms of remuneration? In remuneration there are ambiguities that are raised such as: What duties is the wife legally responsible for? What is the original principle concerning the intention of donation or giving property? How does the violation of the duties of taking care of the spouse that prevent the demand of an allowance mean? The findings of the present research show that the jurisprudential principle of remuneration during the days of wedlock, is a matter of respect for property and action of a muslim. Also Article 336 of the Civil Code and its clause, paragraph A of Clause 6 of the modified version of devorce regulation (adopted in 1371) and Article 29 of the Family Protection Act (enacted in 1391) are the legal principle of the financial institution. Also the majority of jurists consider the wife to be obliged to fullfil certain duties. About the wife’s duties in the home, we cannot refer to the legal norm of giving property without concideration because we might face some other problem.

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

View 1781

مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesDownload 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesCitation 0 مرکز اطلاعات علمی Scientific Information Database (SID) - Trusted Source for Research and Academic ResourcesRefrence 0
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