Judge of the Court of Audit Graduate of Private Law, University of Tehran Master of Family Law, Shahid Beheshti University Basic Lawyer of a Central Judiciary
10.22106/jcr.2024.553455.1406
Abstract
In this article, the verdict of the First Branch of the Supreme Court will be examined analytically-descriptively. According to the decision of the Supreme Court; "Although the husband has not provided a reason for his claim to quit the addiction, even if his claim is correct, this issue invalidates the right created for the wife in the power of attorney given during the marriage by the husband for divorce according to paragraph 7 of the following conditions. Explain that according to paragraph 2 of the note of Article 1130 of the Civil Code, the legislator, by proving the husband's addiction to drugs or alcohol, has given the wife the right to divorce her husband in circumstances (disruption of family life and not leaving). Despite the husband's opposition. On the other hand, if the couple has signed the printed terms of the marriage certificate, especially condition number 7 (the husband's suffering from any harmful addiction that is deemed difficult by the court based on family life and survival for the wife), the wife's path to divorce is smoother. (No need to be forced to leave and check its validity) because this condition creates a condition of the result and creates an acquired right for the wife. In the present study, while confirming the argument of the said ruling, the judicial procedure in this matter has been examined and the concept of acquired right has been referred to.
khorrami refeni,S . (2023). The effect of the couple's addiction on the condition of the wife's representation in divorce proceedings. Ray (Judicial Case Review), 12(44), 117-129. doi: 10.22106/jcr.2024.553455.1406
MLA
khorrami refeni,S . "The effect of the couple's addiction on the condition of the wife's representation in divorce proceedings", Ray (Judicial Case Review), 12, 44, 2023, 117-129. doi: 10.22106/jcr.2024.553455.1406
HARVARD
khorrami refeni S. (2023). 'The effect of the couple's addiction on the condition of the wife's representation in divorce proceedings', Ray (Judicial Case Review), 12(44), pp. 117-129. doi: 10.22106/jcr.2024.553455.1406
CHICAGO
S khorrami refeni, "The effect of the couple's addiction on the condition of the wife's representation in divorce proceedings," Ray (Judicial Case Review), 12 44 (2023): 117-129, doi: 10.22106/jcr.2024.553455.1406
VANCOUVER
khorrami refeni S. The effect of the couple's addiction on the condition of the wife's representation in divorce proceedings. Ray (Judicial Case Review). 2023;12(44):117-129 (In Persian). doi: 10.22106/jcr.2024.553455.1406