Arshian Fars Jurisprudential and Legal Journal

Arshian Fars Jurisprudential and Legal Journal

Civil Liability of Spouses Arising from Misconduct in Cohabitation، Lack of Mutual Assistance, and Breach of Fidelity in Iranian Law

Document Type : Original Article

Authors
1 Department of Low. Neyriz Branch. Islamic Azad University. Neyriz. Iran
2 Department of Low. Zarghan Branch.Islamic Azad University. Zarghan. Iran
Abstract
The mutual obligations of spouses in Iranian law are founded upon principles such as good companionship, mutual assistance, and fidelity, as reflected in provisions of the Civil Code, including Articles 1103 and 1104. Nevertheless, there is no coherent legal framework in the existing laws regarding the possibility of claiming damages arising from the breach of these obligations, and judicial practice likewise lacks sufficient consistency. The principal issue of this study is whether the breach of marital duties—including misconduct in cohabitation, failure of mutual assistance, and infidelity—may be regarded as a harmful act capable of fulfilling the elements of civil liability, namely fault, damage, and causation, thereby providing a basis for compensation.This research has been conducted through a descriptive-analytical method, drawing upon juristic sources, statutory provisions, and an examination of selected decisions of family courts. The findings indicate that although the Iranian legal system has not expressly recognized civil liability arising from the breach of marital obligations, reliance on the general rules of civil liability and on jurisprudential principles such as the rule of no harm (la darar) and causation (tasbib) makes recourse to this institution justifiable in cases such as severe mistreatment, failure to provide maintenance, and other similar harmful conduct. However, with regard to non-pecuniary damages resulting from infidelity or psychological harm, judicial practice still lacks adequate coherence. Accordingly, a more precise elucidation of the foundations of civil liability in spousal relations may contribute to greater consistency in judicial practice and to the effective compensation of damages sustained within family relationships.
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Articles in Press, Accepted Manuscript
Available Online from 28 June 2026