The Status of the Jurisdiction of Will in Divorce Law, Statutory Laws and International Documents

Document Type : Specialized Article

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Associate professor of law at the University of Guilan

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.

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