Study of the basis and limitations of The duty to Spouse's Maintenance in Iranian and English Law

Document Type : Scientific Research

Authors

1 Ph.D. Student in Private Law, Islamic Azad University

2 Assistant Professor of Law, Islamic Azad University

3 Associate Professor of Law, Isfahan University

Abstract

One of the important issues that arises after marriage is family livelihood.Accordingly, in the present article, the issue of the basis and limitations of the duty to provide Spouse'smaintenancein two legal systems of Iran and the United Kingdom has been studied. It is concluded that In Iranian law, in accordance with the principles of jurisprudence, the obligation of providing maintenancein a temporary marriage is based on an agreement.  In a permanentmarriage, the duty of providing maintenance is the result of the rule of law and the need of applicant has no influence in that duty.Such a duty to maintain in a permanent marriage is unilateral and is, in principle, limited to the duration of marriage. This is while in English law, the legislator has mainly delegated the arrangement of the couples' relationship to their agreement, and in the event of failure to reach an agreement and in accordance with the law, the duty to provide maintenance is bilateral and based on the need of applicant. Such an obligation also extends to the time after the dissolution of marriage.

Keywords

References

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Civil Law Knowledge
Volume 8, Issue 1 - Serial Number 15
September 2019
Pages 79-88

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