Redefining Spouses' Property Rights in Cohabitation and After Divorce: Challenges and Innovative Solutions in Iranian Civil Law
Subject Areas : Civil LawSeyed Hossein Pourhaghshenas 1 , Qasem Qasemi Bivarzani 2
1 - Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran.
2 - Assistant Professor of Islamic Theology and Teachings, Department of Islamic Theology and Teachings, Faculty of Humanities, Rasht Branch, Islamic Azad University, Rasht, Iran.
Keywords: Division of property, conditions of marriage, family rights, divorce, wife's financial rights.,
Abstract :
Spouses' property rights in Iran are based on the principle of financial independence of spouses and Articles 1106 and 1118 of the Civil Code. However, social and economic developments in recent decades have shown that this traditional system is unable to respond to the complexities of new family assets, as housework, indirect participation, women's caregiving roles, and joint investments lack sufficient legal reflection in the current system. This article, by examining the existing legal framework, interpreting case law, and making a comparative analysis with leading legal systems, identifies current challenges in the fair redistribution of assets after divorce using a library and documentary method. It then presents proposals such as the system of "participation in assets obtained from joint effort", the economic calculation of the value of household work, the amendment of Article 1119, the revision of Article 29 of the Family Support Law, the electronic registration of property during cohabitation, and the establishment of specialized boards for the evaluation of family assets. The findings show that structural reform, not merely interpretative, is a necessary condition for achieving financial justice in the family
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