Investigating the possibility of adapting the Iranian legislator from the recent developments of divorce in French civil law

Document Type : Academicm and Research

Authors

1 Assistant Professor, Department of private and Islamic law, Faculty of law and political science, Shiraz University, Shiraz. Iran.

2 Master student in Private Law, Faculty of Law and Political Sciences, University of Shiraz.

10.22091/csiw.2024.8920.2373

Abstract

Nowadays divorce is in today`s societies, specifically in western countries, losing the negative viewpoint portraying as the dismantling force of family bonds, as it once had to face, and are showing tendency towards contractual dissolution of the said bonds. Parties tend to peacefully and as fast as possibly in reach, leave behind this period of their social and private lives and move forward. With the flow of multiple reforms through the years dating back to 2016, legislations to this day have tried to answer to some of the concerns regarding judicial divorce, elimination of the judge`s involvement in divorce procedures, stablishing divorce forms like divorce sans judge or divorce without judge, contractual interpretation of divorces etc. this article while glancing over these reforms and professing the historical events leading to and resulting from the said changes, craves for the weak points, side-effects, destructive aspects etc. to be highlighted and by specifying the strengths and offering comparative studies tries to answer to the all-important question of “would these reforms even dare to influence the current Iranian legal system in regards to divorce procedures in the right way? Considering the ever-rising rate of divorces (around the globe as in Iran), the destructive lingering effects of procedural delays, proper adoption of said reforms in order to put effective and influential suggestions forward, deems like never before necessary; Of course, respectful and true to the cultural, idealistic, licit and legitimate framework of the set boundaries of Iranian legal system.

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References

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