نوع مقاله : مقاله پژوهشی
نویسندگان
دانشگاه تربیت مدرس
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The property division clause lacks the expected efficiency due to the many ways of avoiding the obligation of property division by men and not considering husband's misbehavior as the basis for the wife's divorce request and the scattering of judicial verdicts in similar cases. In this article, by reviewing more than 300 judicial documents related to divorce cases and 52 cases related to property division, we are looking for an answer to this basic question: what is the effect of each spouse's misbehavior on the issuance of family court rulings regarding the application of the property division? This research was conducted using the qualitative method of content analysis of verdicts and interviews with lawyers and judges. The criteria of judges in achieving legal justice are examined and analyzed with the approach of the fundamentals of the school of dynamic interpretation and expediency and in the light of the analysis of the critical discourse of law. The findings of this research show that the most important and common causes of the ineffectiveness of the mentioned condition are the ease and frequency of evading the obligations caused by this clause by men. The result of the discussion is that one of the ways to implement justice is to amend the text of the property division clause and pay attention to the continuous misbehavior of couples with a detailed expert opinion.
کلیدواژهها [English]
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