نوع مقاله : علمی - پژوهشی
نویسندگان
1 عضو هیئت علمی گروه فقه و حقوق و دانشجوی دکتری حقوق خصوصی دانشگاه پیام نور، تهران، ایران
2 استاد گروه حقوق خصوصی دانشگاه تهران، تهران، ایران
3 استاد گروه حقوق خصوصی دانشگاه پیام نور، تهران، ایران.
4 استادیار گروه حقوق دانشگاه آزاد اسلامی واحد علوم تحقیقات
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
Abstract
Family is the most important social institution, the relations governing it are based on ethics, faith, rights and duties among its members. Despite the love and affection between the couples, sometimes one of the spouses uses their position to the detriment of the other due to the privilege and position given to them by the ruling rights of the society, in other words, they abuse their rights. In addition to explain the family rights in the relationship of couples, the present study, which was conducted in a descriptive and analytical method, aims to deal with the legal rights of couples, either exclusive or joint, as well as to represent examples and solutions to prevent misusing these rights. Since the right of divorce and the right of a man to head the family are abused more, solutions such as limiting the authority to implement rights, judicial divorce and the requirement of trust in divorce (attorney appointing) are discussed in this research. Moreover, the contractual rights between the spouses which cause the pre-written conditions included in the contract (standard conditions) or the conditions specified by the spouses in the contract (supplementary conditions) are analyzed here. Finally, the documents drawn up after the marriage contract or the conditions agreed upon after the marriage contract, as well as their validity or invalidity as an independent agreement or conditions included in the contract - if they do not contradict public order, good morals and popular opinion - are examined. The results indicate that the legislator should create legal articles with executive guarantee in the family law in order to prevent possible abuses of family rights.
کلیدواژه‌ها [English]
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