نوع مقاله : علمی - پژوهشی
نویسندگان
1 دانشگاه امام صادق علیه السلام
2 عضو هیأت علمی دانشگاه امام صادق (ع)
3 قوه قضاییه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The issue of non-marriage and its ramifications is discussed both in jurisprudence, which originates from the word of revelation, and in the science of law, it has received the attention of jurists, and as a result, it is raised in family courts by submitting a petition to oblige the wife to obey or to declare and confirm the non-marriage of the wife. By examining the opinions issued in this regard, it is observed that the frequency of opinions are divided and the judges' preferences are different. The purpose of the present study is to investigate the cause or causes of differences and the plurality of court procedures in the issue of compliance and non-compliance After tracing among the opinions issued and examining jurisprudential and legal sources on the issue of obedience and non-compliance, the result is that some issues and challenges related to this issue have jurisprudential roots and are related to differences of opinion among jurists, and some are related to the legal dimension and aspect Legislation is a problem, and finally, some problems are rooted in the implementation phase of laws and their application in this field. Some of the ambiguities in this matter can also be classified according to the stages of the proceedings, i.e. the stage of filing a lawsuit, proceedings, composing a verdict and executing the verdict. In this article, only the stage of judicial review of Temkin and Neshuz cases was discussed.پ
کلیدواژهها [English]
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