Studying conditions of divorce in Iranian law
DOI:
https://doi.org/10.24200/jsshr.vol4iss04pp38-42Abstract
Divorce conditions are considered as one of the most important discussions related to divorce. Based on this, the present article has been conducted in a library method in order to study the conditions of divorce in Iranian law. One of the ways to dissolve marriage ties is executing divorce formula. Methodology: Divorce is one of the unilateral legal acts in which the intention of a party is the legal effective. Spouses separate when the divorce formula is executed by serious intention of husband or his representative to initiate and in the appearance of two just men. In ascertaining the divorce formula, some characteristics have been provided for divorcer, divorcee and the witnesses and some for the divorce formula. Results: According to what has been expressed in this article, the essential conditions of divorce, according to the civil code of Iran can be divided into 5 parts as following: 1)husband’s intention and consent and necessity of declaring his intention and determination of subject matter of divorce (article 1136) 2) un-conditionality in divorce (article 1135) 3) fool competency and insane in divorce (article 1137) 4) wife delegation in divorce (article 1119) 5) divorcee conditions in purity (penetrated woman while in pureness state and unpunctuated woman while in pureness state) (articles 1140 to 1162). Conclusion: In ascertaining the divorce formula, some characteristics have been provided for divorcer, divorcee and the witnesses and some for the divorce formula.References
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