Legal Examination Of The Wife's Residence In The Joint House During The Days Of The Rejaya Period
Subject Areas : Family Law
Fatemeh Fallahpour
1
(Master of Private Law,Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.)
Seyed Mohammad Asadi nejad
2
(Associate Prof., department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.)
Keywords: Wife, Divorce, Housing, Rejaya Period, Common House,
Abstract :
Wife's housing is considered one of the most basic examples of alimony and also one of the most valuable financial rights of the couple, which creates a very sensitive position in the strength and stability of the family. therefore; According to Article 1005 of the Civil Code, couples can agree on their place of residence during the marriage. In this way, the agreement that the couple makes for the wife to live in an independent house; Based on the aforementioned article, it is possible. Also, when the marriage is dissolved In special cases, such as the days when the wife is in the category of retroactive divorce, The legislator has required couples to They have continued to live in a common house next to each other for a certain period of time, Because a divorcee during the period of divorce is the same as a wife, And his rights and duties are the same as those of a wife during marriage. Also, regarding the nature of the couple's residence in the joint house, Although cohabitation is proportional to the meaning of the contract, that agreement and consent against it is also possible. But this residence in the joint house is also considered as the husband's right And it is one of the accessories of good company, And it is one of the accessories of good company, Therefore, the present research has analyzed the legal analysis of the wife's residence in the common house during the days of the Rejiya. And the results of this research indicate this, But this right is shared with the duties related to living in the house, It can be collected and the wife has no right to complain about accepting her husband in the joint house.
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