Abuse of Family Rights in Couples' relationships

Articles in Press

Document Type : Scholarly Article

Authors

1 Faculty member and PHD student of private law, Payam Noor University, Tehran, Iran

2 Professor of the Private Law and Political Sciences, University of Tehran Tehran, Iran

3 Professor of the Private Law Department, Faculty of Social Sciences, Payam Noor University, Tehran, Iran

4 استادیار گروه حقوق دانشگاه آزاد اسلامی

10.30497/flj.2023.245208.1946

Abstract

Abstract


Family is the most fundamental social institution which 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 them uses their position to the detriment of the other due to the privilege and position which is given to him/ her by the law, in other words, they abuse their rights. In this research, which has been conducted in a descriptive and analytical method, moreover, to explain the family rights in couples' relationship, aims to deal with the couples' legal rights, either exclusive or joint, as well as to represent examples and solutions to prevent the abuse of these rights, especially, among these rights, the right of divorce and the right of a man such a head of family are abused more, therefore, the 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 couples which cause the pre-written conditions included in the contract (standard conditions) or the conditions specified by them 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 be in contradict with the public order, good morals and the popular opinion based on Article no. 10 Civil Law, can be validated. 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.

Keywords

Main Subjects

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Biannual Journal of Family Law And Jurisprudence

Articles in Press, Accepted Manuscript
Available Online from 05 November 2023

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