Paper Information

Journal:   FAMILY LAW AND JURISPRUDENCE (NEDAYE SADIQ)   FALL 2015-WINTER 2016 , Volume 20 , Number 63; Page(s) 69 To 94.
 
Paper: 

JURISPRUDENTIAL AND LEGAL PRINCIPLE OF THE REMUNERATION OF HOUSEKEEPING AND THE ANALYSIS OF THE RELIGIOUS DUTIES OF SPOUSE

 
 
Author(s):  POUR ABDULLAH KOBRA, SORKH HESARI FATEME*
 
* IMAM SADEQ (P.) WOMEN’S COLLEGE
 
Abstract: 

Dominence of ethics in the family is a fundamental principle which constitutes the most pivotal issue of the family institution. Serving the wife or mother has no other motive than love and sacrifice and talking about the wages concerning these moral obligations is unfair; but if we want to discuss it from a legal point of view we will be faced with questions that this study attempts to answer. The basic questions in this article are: what is the jurisprudential and legal principle of demand for remuneration during the days of wedlock? What are the existing ambiguities and indifferations in the laws and regulations of Iran in relation to the accrued terms of remuneration? In remuneration there are ambiguities that are raised such as: What duties is the wife legally responsible for? What is the original principle concerning the intention of donation or giving property? How does the violation of the duties of taking care of the spouse that prevent the demand of an allowance mean? The findings of the present research show that the jurisprudential principle of remuneration during the days of wedlock, is a matter of respect for property and action of a muslim. Also Article 336 of the Civil Code and its clause, paragraph A of Clause 6 of the modified version of devorce regulation (adopted in 1371) and Article 29 of the Family Protection Act (enacted in 1391) are the legal principle of the financial institution. Also the majority of jurists consider the wife to be obliged to fullfil certain duties. About the wife’s duties in the home, we cannot refer to the legal norm of giving property without concideration because we might face some other problem.

 
Keyword(s): REMUNERATION, GIFT, VINDICATION, WIFE’S DUTIES, DONATION/ GIVING PROPERTY
 
References: 
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