Financial Legal Effects of Each Spouse in Civil Law

In this study, as a part of the studies on private law, the opinions and laws of subject and civil rights were the basis of the research method. In each discussion, its related texts are taken into consideration in terms of documents and implications. Concerning the joint duties of spouses, only the duties of loyalty and custody have effective civil and criminal enforcement, but regarding the duties of good assistance in establishing the foundations of the family and raising children, only civil enforcement is considered, which consists of divorce and loss of alimony. Likewise, no guarantee of criminal execution is considered. It should be noted that in most cases, Iranian legislators have mentioned divorce as a guarantee for the couple's refusal to fulfill their marital duties, which is flawed in Iran's law in this regard. Based on the results of the study, in case the couple refuses to fulfill their financial obligations, the performance guarantee provided by the Iranian legislature is sufficient. Therefore, in this case, the performance guarantee is considered in both the civil law and the criminal law. However, regarding the exclusive non-financial duties of the legislative couple of Iran, the criminal laws have not considered as executive guarantee. The implementation of civil law and family protection law is not better than criminal law. Regaridng the duties that the wife has towards her husband, it should be mentioned that there is only a guarantee of civil enforcement regarding the duty of obedience, which includes the loss of alimony and the right to swear. Therefore, there is no guarantee of criminal execution.

کلیدواژه ها:

Spouses' Lawsuits ، Spouses' Financial Lawsuits ، Spouses' Non-Financial Lawsuits ، Family Protection Law Approved in ۲۰۱۳