نوع مقاله : علمی - پژوهشی
نویسنده
دانشآموختۀ دکتری حقوق خصوصی دانشگاه قم، قم، ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Choosing a suitable housing for a joint life is considered one of the rights and duties of a couple, but it may be stipulated in an independent contract that the choice of housing be delegated to the wife or chosen with the agreement and cooperation of the spouses. If the agreement between the spouses on the choice of housing is a requirement, the guarantee of the implementation of that condition is not clear, whether in case of failure to reach an agreement, this condition will expire and the husband will be the head of the unilateral selection of the housing, or it will be required like any other binding contract. is it In this regard, conflicting judicial opinions have also been issued, and some judges have considered the deterioration of the condition and the return of the husband's leadership in choosing housing, and some have considered the continuation of the condition. On the other hand. After the agreement and choice of housing by the couple, the nature of this agreement, its rulings and effects have not been discussed. In this article, with a detailed description of the legal relations established between the spouses in each of the different assumptions and by using different jurisprudential and legal sources and analyzing the opinions and ideas and applying it to the existing issues, it was led to these conclusions that the contract or condition that It makes the choice of housing subject to the agreement of the couple. It is considered a condition or contract that must be fulfilled, which, like other contracts, must be implemented and requires a guarantee of its own performance. On the other hand, agreement and selection of housing is also a binding contract. It is a source and its deterioration requires removal or termination by the couple.
کلیدواژهها [English]
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