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  • 标题:The Requirements of Introducing the Common Property System to the Iranian Matrimonial Regime with a view to the Quebec Matrimonial Regime
  • 本地全文:下载
  • 作者:Fateme Zeynodini ; Seyed Mohamad Hassan Razavi
  • 期刊名称:Faṣlnāmah-i Khānavādah/pizhūhī
  • 印刷版ISSN:1735-8442
  • 电子版ISSN:2476-7484
  • 出版年度:2019
  • 卷号:16
  • 期号:1
  • 页码:7-24
  • DOI:10.29252/jfr.16.1.1
  • 出版社:Shahid Beheshti University
  • 摘要:egal regimes differ in outlining the method of contribution to the household, financial maintenance, and the division of property after separation/divorce. Some legal regimes, following the CEDAW’s regime, look for an egalitarian regime which rules for similar rights and responsibilities for both parties and partial community of properties between spouses through which economic advantages and disadvantages related to marriage and dissol-ution of marriage shall be borneq-ually by both parties. LAnother group of legal regimes establishes division of properties as the guiding principle for marital economic relationship in which the expenses will be borne by men as the heads of the household and women must be compensated for her unpaid contribution to the household. This research will focus on Iran’s legal system, which follows the Sharia (Islamic law) in division of properties and ruling for compensation of unpaid contribution of women to the household. The research compares Iran’s legal system and Quebec’s laws as an example of egalitarian regime and evaluate if Iran’s family law could integrate community regime in its family law with regard to the Sharia principles and its Islamic family law. And which criteria should be considered by Iranian legislator if they desire to adopt community regime.
  • 关键词:Matrimonial Regime;Common Property Regime;Separation of Property Regime;Equality;Marital Estate.
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