نوع مقاله : علمی - پژوهشی
نویسندگان
1 استادیار گروه حقوق دانشگاه گیلان
2 دانشگاه گیلان
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Providing the necessities of life together is one of the legal duties of the couple; However, in some regions, according to custom, household goods given to a newly is provided by the wife. In the meantime, the couple prepares a few items of items necessary for a joint life, which usually have significant material value, to be included in the list of household goods given to a newly, along with other items, to be sent to the joint house. In custom, such items are called shirbaha. In the household goods given to a newly restitution lawsuit, the court will face the challenging question of who is considered the owner of this property? The answer to the question depends on the explanation of the nature of the agreement. There is a difference regarding the nature of the shirbaha from a jurisprudential and legal point of view. Some have interpreted it in the form of specific contracts such as gift, gift and peace, and others in the form of a private agreement. A group has also interpreted its nature as a condition in the contract as well as an obligation for the benefit of a third party. These disputes have also affected the judicial procedure. Referring to the aforementioned formats, according to the interpretation of the permissibility or necessity of the shirbaha, some courts consider these items to belong to the husband and some to the wife. This research shows that the aforementioned formats have obvious differences with the shirbaha despite having some lines of proportion. The shirbaha has a special nature that according to its characteristics and the silence of the law, custom determines the scope of its works.
کلیدواژهها [English]
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