نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار دانشگاه شهید مدنی آذربایجان
2 استادیار دانشگاه شهید مدنی آذربایجان
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Although one of the definite legal rights of the wife is alimony, when she is in a state of disobedience, she will not have the right to receive it. The lack of eligibility of a wife to receive alimony has led to appear that the well-known jurisprudential view of alienation is in exchange for sexual submission. The present study intends to evaluate the strength of the famous jurisprudential theory through a descriptive and analytical study, and considering jurisprudential and legal views, as well as judiciary and advisory opinions of the legal department of the judiciary power. The research is based on the assumption that marriage is a non-financial contract, therefore, it can be said that in the absence of conditions and commutative ordinances in alimony, in particular the absence of a right of imprisonment for a wife to alimony, the absence of the right to terminate in the case of insolvency of the husband and..., the alimony is not in exchange of sexual submission of the wife and the wife’s deprivation from receiving alimony in the case of disobedience is a guarantee that she does not observe her duties against her husband.
کلیدواژهها [English]
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