Academic Journal of Knowledge and Research of Law

Academic Journal of Knowledge and Research of Law

Reviewing the Gaps and Challenges of Article 1114 of the Civil Code Regarding the Determination of Common Residence for Couples in the Legal System of Iran

Document Type : Original Article

Author
alasadat afghah
Phd Student in Women Studies, University of Religions and Denominations of Qom, Qom
10.22055/ajkrl.2020.27143.1024
Abstract
Article 1102 of civil code stipulates: once the marriage is done in accuracy it is established parity relations between the parties and rights and obligations of spouses in front of each other. According to this Article, while the marriage is occurred in accuracy, the parity effects is included in the marriage. These effects are included two groups: 1) financial relations of couples 2) non-financial relations of couples. One of the non-financial right of spouses is the co-habitation of man and women. In article 1114 of civil code, the legislator absolutely put the determination of common location with man although it has been set at ongoing legal matter, in the case of agreement, women can choice join location. While it is given the absolute Authority of located determination to man in the cases of family disputes creates many problem and hardship wife. So, this article check joint residence couple and sentences, effects and gaps and it is concluded that the right to apply for independent housing is of the rights of the marital right for the wife. Also, in the end, considering the adverse effects that arise from the absolute authority of the man in determining the place of residence, it is suggested that the determination of the couple's joint residence should be with the consent of the couple, taking into account family interests.
Keywords
Common place for couples
Socialize good
Respect
Academic Journal of Knowledge and Research of Law
Volume 5, Issue 1
September 2019
Pages 23-42