نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
The financial relations of spouses and the rights of each party to the assets acquired during the marriage are among the most fundamental issues in family law and a determining indicator for measuring the legal systems of countries in supporting justice, economic security, and balance in marital relations. A comparative study of Iranian and French law is of particular importance in this area, because Iran, with its legal system inspired by Imamiyya jurisprudence, emphasizes the principle of "financial independence of spouses," while France is based on "marital financial regimes" in which it is possible to choose between several legal models. In Iranian law, the rule is the separation of property and the independence of the assets of the husband and wife, and each is considered the owner of his or her own income and assets. However, some limited institutions, such as alimony or remuneration for the wife's services, create a protective aspect but do not go beyond creating real financial participation between spouses. In contrast, in French law, the principle is "sharing assets obtained from cohabitation" unless the spouses choose a different regime. This fundamental difference results in quite distinct outcomes when it comes to dissolution of marriage, bankruptcy, financial transactions, and joint administration of property.
کلیدواژهها English