The study of Financial Effects of Divorce in Iranian and Turkish Law under Comparative Approach
DOI:
https://doi.org/10.24200/jsshr.vol4iss04pp34-37Abstract
One of the most important discussions of divorce is the effects of divorce. Based on this, the present research was conducted in a library method aiming at studying the effects of divorce comparatively in Iranian and Turkish law. The effects of divorce stem from two approaches in legal system of both Iran and Turkey. Methodology: Divorce nature is affected by legislatures’ viewpoint of both countries following sovereignty approaches. Iranian legal system has been driven by Islamic law and the subject where Islamic religion is stronger. However, in Turkey, the secular approach changes this attitude and has adopted the effects of divorce more from the roots of Roman, German and Swiss legal systems Results: As the results of the present article show the financial effects in Iranian law are monthly pension, condition during the property-halving contract, quantum merit of household chores of wife during matrimony and financial matters of children,…but the effects of divorce in Turkish law are personal effects of divorce in Turkish law: marriage contract and loss of possessions subject to death, liquidation of properties and non-personal effects of divorce in Turkish law: children guarding, individual relationships with children and the financial situation of children. Conclusion: It seems that Islamic rules and consequently Iranian legal system are more expressive and more inclined to protect women’s rights.References
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