Arshian Fars Jurisprudential and Legal Journal

Arshian Fars Jurisprudential and Legal Journal

Jurisprudential-legal examination of the wife's management and possession of her property in conflict with the husband's non-financial rights

Document Type : Original Article

Authors
1 Assistant Professor of Law Department, Zarghan Branch, Islamic Azad University of Zarghan, Iran:
2 StudentMaster's degree in private law
Abstract
Purpose: A set of rights and duties are placed on the parties by creating a marital bond. Each person has individual civil and social rights according to the law. It is noteworthy that in some cases, these rights and duties in the executive position are in conflict with each other and lead to disputes between the parties and the couple themselves do not have the skills to resolve this conflict, the courts have issued different rulings due to the legal vacuum that does not help to resolve the conflicts properly. Infringement of the wife's right to manage and seize her property against the wife's duties to her husband; because the couple has the right to preside over the family and to be obeyed.
Method: Since the research is applied and descriptive-analytical sobthe method used in the research is based on library studies.
Finding: It is clear that the wife has full authority to dispose of her property, but what is at stake is the management of the wife's property, which may be in conflict with some of the husband's non-financial rights. This management may be the preconditions for doing so such as leaving the house and employment, and so on. It seems to resolve the conflict between the management and seizure of property by the wife and the rights of the husband, Criteria such as the rule of domination, the principle of justice, customary necessity, ethics, the rule of fairness, the observance of the law of importance, and corruption can be effective and prevent the abuse of rights and the occurrence of disputes between couples.
Keywords