Abuse of Family Rights in Couples' relationships

Document Type : Original/ Research Article

Authors
shahin rezayi 1
Abbas Karimi 2
Ebrahim Taghizadeh 3
Ramin Poursaeid 4
1 PHD student of private law and Faculty member, Payam Noor University, Tehran, Iran
2 Professor of the Private Law and Political Sciences, University of Tehran Tehran, Iran
3 .
4 Assistant professor of private law at Islamic Payame Noor University, Tehran, Iran
10.30497/flj.2023.245208.1946
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
family rights
couples' legal and contractual rights
non- harmful rule
stipulation
Subjects

این مقاله برگرفته از رساله دکتری اینجانب با عنوان «سوءاستفاده از حقوق خانوادگی در روابط زوجین»، دانشگاه تهران است.

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Biannual Journal of Family Law And Jurisprudence
Volume 30, Issue 83
June 2025
Pages 137-167