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1 - Investigating the place of moral values in alimony and the feasibility of abolition of alimony in Iranian jurisprudence and law with a comparative study of American law
Fakhr Afagh Hamidi Seyed Ahmad Ali Hashemi Hossein Naseri Moghaddam
20.1001.1.23833279.1400.11.44.4.3

The wife's right to alimony in Islam and civil law, following Imami jurisprudence, is one of the inalienable rights of a permanent wife that a man is required to pay. Regarding the place of moral values in alimony, we came to the conclusion that the reason for the oblig More

The wife's right to alimony in Islam and civil law, following Imami jurisprudence, is one of the inalienable rights of a permanent wife that a man is required to pay. Regarding the place of moral values in alimony, we came to the conclusion that the reason for the obligation of men to pay alimony in Islamic law, given the different characteristics of men and women and the ability of each, is this obligation for men and not women and a moral value is the basis. It was a verdict. Regarding the necessity of the right to alimony, while examining the famous and unfamiliar opinions of the jurists, the lack of specification of the legislator and the unanimous decision of the Supreme Court, we came to the conclusion that as soon as the marriage is concluded, the wife is entitled to alimony and Muscat will not . Regarding the possibility of abrogation of alimony by the wife before concluding the marriage and its obligation, abrogation of this right from a legal point of view will be a valid and ineffective case; However, it seems that abortion after marriage is partially acceptable by the wife and does not interfere with the validity of the marriage and the legislative interests. In American law, although the issue of revocation of rights is not the same as in our law, alimony is a reciprocal obligation of the couple that not only does not expire during the cohabitation, but can also continue for each couple after the divorce. Unless the spouses agree or do not demand from each other, in such a case, according to the rule of the principle of will and the absence of the legislator in the personal relations of the spouses (except in cases of disagreement) the agreements of the parties will be valid. A comparative study of the differences in the field of alimony found positive cases in the American legal system and suggestions were made to amend the laws. Manuscript profile
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2 - Explaining the moral and legal realm of financial rights and property of couples after divorce in Iranian and French law
Abolhasan Pahlevani Saleh Yamerli ali ajbar esmaeile
20.1001.1.23833279.1401.13.50.1.2

Today, the moral and legal realm of financial rights of couples can be studied in various jurisprudential and legal dimensions. Since ethics and law are two issues included in the legislation of each country, it can be said that these two areas are an important source o More

Today, the moral and legal realm of financial rights of couples can be studied in various jurisprudential and legal dimensions. Since ethics and law are two issues included in the legislation of each country, it can be said that these two areas are an important source of legislative policy of each country in the legislation. Hence, the financial rights and assets of the couple are formed in the direction of morality. The financial rights of couples, in their broad dimensions, include rights such as dowry, halving property, alimony, retribution, etc., each of which is applied in laws such as civil law and family protection law with a special regulation, he's got a special place. In French law, this type of law is also examined under the rules and jurisprudence. In Iranian law, according to Article 1102 of the Civil Code, by concluding a marriage contract, the rights and obligations of the couple, including the financial rights of the husband, are established against the wife, and as a result, after the dissolution of the marriage and separation, The husband is to pay alimony, to be aborted, because one of the principles and means of obligation is marriage. This issue is different in Iranian law regarding the demand for dowry and halving of property and retribution, etc., and these rights can also be demanded by terminating or dissolving the marriage contract. In French law, rights such as claiming alimony can be claimed by the wife in different circumstances, and this issue is mentioned in Articles 212, 270 and 301 of the French Civil Code, and in some respects, the division of property in this country has rules and regulations. It is special. Therefore, the purpose of writing this article is to examine the legal and moral status of financial rights and assets of couples after divorce in the law of Iran and France, which has been studied according to the library method, and as a result it can be said that financial rights and In some cases, the property of the couple has been considered in Iranian and French law and has a suitable position, and ethics has been considered as the basis of the legislative policy of these lawsuits in the judicial procedure. Manuscript profile

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List of Articles حقوق مالی