نوع مقاله : مقاله پژوهشی
نویسنده
استادیار حقوق،گروه خانواده، دانشکده علوم اجتماعی، دانشگاه تهران. تهران. ایران
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
In the Iranian legal system, in accordance with Islamic jurisprudence, divorce is divided into several types, each of which has different rulings and effects. One type of divorce is divorce due to hardship. This lawsuit is filed at the request of the wife and is addressed in Article (1130) of the Civil Code. Studies have shown that the handling of divorce lawsuits due to hardship in the courts of appeal and the General Board of Insistent Opinions of the Supreme Court is accompanied by numerous disadvantages.The present study is organized to identify these harms and find solutions to reduce them. Some of the most important harms identified in this study include: the length of the trial process, the lack of research during the proceedings, the economic unprofitability of handling this lawsuit in the general assembly of the court, and the widespread disagreement of judges in cases with similar issues. Therefore, studying the present study is useful for judges of family courts and the Supreme Court, lawyers, and family law activists.In the Iranian legal system, in accordance with Islamic jurisprudence, divorce is divided into several types, each of which has different rulings and effects. One type of divorce is divorce due to hardship. This lawsuit is filed at the request of the wife and is dealt with in Article (1130) of the Civil Code. The author of this article, by examining the cases presented in the General Board of the Supreme Court of the country in judicial procedure, seeks to answer the main question: From the perspective of judges and judicial experts, what major harm does divorce due to hardship face in the insistent General Board of the Supremen: From the perspective of judges and judicial experts, what major harmn: From the perspective of judges and judicial experts, what major harm
کلیدواژهها [English]