Comparative Study of Divorce attorney to Wife in Iranian and French Law

Document Type : Research Paper

Authors

• asghar safaei ¹
• mohammad hossein nazemi ashani ²
• alireza salimi ³

¹ PhD student in Department in Theology and Islamic Studies- Jurisprudence and principles Islamic Law ، Mahallat Branch، Islamic Azad University, mahalla, iran

² Assistant professor ، Department of studies ، farhangian university, Semnan, iran.

³ Assistant Professor, Department of Theology and Islamic Studies, Mahallat branch, Islamic Azad University, mahallat, iran

10.30495/jzvj.2021.25668.3328

Abstract

Divorce and related issues have always been one of the main and challenging issues of legal systems in different societies. The purpose of this article is to analyze the jurisprudence and legal representation of women in divorce and compare it with the French legal system. This research is an applied research and the method used is descriptive-analytical method. According to the findings of this study, the approach of Iranian and French law regarding divorce, despite the similarity in many cases, is different due to differences in principles in this field. In Iranian law, following the principles of Imami jurisprudence, the right to divorce is exclusively available to men, but over time and with the change in the structure of societies, to control and adjust this right in Iranian law, the wife's power of attorney in divorce with conditions based on jurisprudential sources accepted. In French law, on the other hand, the issue of power of attorney in the execution of a divorce is accepted with the control of a marital judge. Divorce has no meaning and is a useless condition. Comparing the intellectual foundations, the course of social developments, as well as examining the different perspectives of these two schools of law can be effective in identifying the bottlenecks, challenges and ways out and ultimately preventing the impact of destructive factors on the family foundation.

Keywords

• The right to divorce
• the power of attorney in the divorce
• the guardianship of the divorce
• the condition of the contract

20.1001.1.20088566.1400.12.47.5.8

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References

1.       B. Sarukhani, Introduction to the Sociology of the Family. Soroush Publishing, 2014.

2.       H. Ameli, shiit maens. Qom: Al bayt publication, 2007.

3.       M. S. Mahallati, “Jurisprudential and Legal Ambiguities of Wife’s Representation in Divorce,” J. Islam. Law, vol. 66, pp. 59–86, 78, 2008.

4.       Bahrani, Al Hadiq Ul Nasera. Qom: Islamic publication office, 2020.

5.       S. R. Mousavi Khomeini, Kitab Ul-Bayy. Qom: Institute for Organizing and Publishing the Works of Imam Khomeini, 2009.

6.       S. H. Safaei, Family Law. Tehran: Tehran university Publishing, 2012.

7.       N. Katuzian, Family Civil Law. Tehran: Anteshar Co, 2002.

8.       A.Ekhtiari, “developments in in the causes and causes of divorce in france,” withness Leg. J., vol. no:1, pp. 4–13, 2004

9.       S. H. and A. E. Safaei, Brief Family Law. Tehran: Tehran university Publishing, 2014.

10.   N. A. Shorcheh, Samad and Almasi, “Divorce at the request of the wife in Iranian and French law,” J. Polit. Sci. Stud. Jurisprud. Law, vol. Volume 4, no. Number 2, pp. 179–1, 2018.

11.   R. Floriot, “La Reforne du divorce,” Paris, 1975.

12.   J.-P. and A. C. Levy, History of the Law of Obligations. Tehran: Majd Publications, 2007.

13.   J. Carbonnier, “la question du divorce,” Paris, 2001.

14.   P. Bertin, “la procedure du divorce, la lumiere du nouveau code de procedure civil 2751,” 1975.