Comparative analysis of the condition of halving the marital property in Iranian law with the financial regime of participation in acquired property in Turkish law.

Articles in Press

Document Type : Research Paper

Authors

1 phd candidat

2 University of isfahan

3 master

4 Ankara Haci Bayram Veli University

Abstract

The stipulation in the contract of "halving of the spouse's property" if signed by the spouses, causes the transfer of up to half of the spouse's acquired property during the joint life, free of charge, to the wife, the limitations of this stipulation are stated in terms of the limits and conditions, the amount and the manner of implementation. , has a legal vacuum. The financial regime of participation in acquired property in the Turkish legal system, unlike the condition of halving, which is applied only in cases of divorce of the wife, governs the financial relations of the couple in non-divorce cases, which, in addition to dividing the property of the couple into personal and acquired, only the acquired property of the couple exposes to division and protects personal property from division. Therefore, this financial regime does not conflict with the principle of financial independence of the wife in Iran's legal system, which is a very important point. It seems that benefiting from the structure of this financial regime is an effective step towards filling the legal gaps of the halving condition. This research, with a comparative and analytical-normative approach, while examining the condition of halving and the financial regime of participation in acquired property, tries to provide suggestions to complete the condition of halving.

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Journal of Legal Studies

Articles in Press, Accepted Manuscript
Available Online from 15 August 2024

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