نوع مقاله : علمی پژوهشی
نویسندگان
1 مربی گروه حقوق، دانشگاه پیام نور، همدان، ایران.
2 استادیار گروه حقوق، مجتمع آموزش عالی نهاوند، دانشگاه بوعلی سینا، همدان، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The condition of property division in Iranian law is one of the conditions of the marriage contract in official marriage certificates. This condition is for financial support of women after divorce. If the mentioned condition is signed by the husband at the time of the marriage contract, he is obliged to transfer half of his assets that he acquired during the marriage to the wife at the time of separation and divorce. Of course, some authors have questioned the validity of this condition and believe that this condition is adapted from English law and of course it does not fit with Iranian law. Because in Iranian law, there are concepts such as dowry, dowry, etc. that there is no need to create this condition anymore. According to these explanations, we will try to answer these questions: "What is the nature of the property halving condition in Iranian law?" "How is the division of property in English law?" "Is the division of property in Iranian and British law the same or are they different?"
2. Study Method
The present article has been written using a descriptive-analytical method to analyze the library studies.
3. Findings
Asset division in Iranian law can be added as a secondary condition in addition to the main contract with the agreement of the parties. Therefore, it is an optional condition and does not necessarily exist in the relations of the parties. In English law, dividing the property of the spouses in half is a legal assumption that is implemented by the judges during divorce and is mandatory and has nothing to do with the agreement of the parties.
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