The effect of the substantive and procedural of divorce on its validity and invalidity
The rules of divorce are among the most important rules, which are related to public order. For this reason, the rule of private will in divorce is limited. According to jurisprudence, the husband can divorce the wife in person or by proxy at any time. However, in Article 1133 of the Civil Code Amendment, this path was amended and the man has the right to divorce his wife only by going to court and observing the provisions of the law. Divorce is a ceremonial rite; That is, in addition to the will and ability of the couple, there must be rituals such as divorce, chastity, and the presence of two just male witnesses. But public order and social interests required that, in addition to substantive formalities, the legislature establish formal formalities such as going to court, a certificate of the impossibility of conciliation or divorce decree, and the registration of divorce. The guarantee of non-observance of the essential formalities of divorce is void. But the legislature is silent on guaranteeing the civil performance of formalities. Some people believe that because divorce is done by the Shari'a rules, non-observance of formalities (formalities) does not invalidate it and only guarantees criminal execution. Others believe that the rules of dissolution of marriage are among the laws of public order, the non-observance of which invalidates the divorce. In general, given that public order is an exception in private law, the legislator's silence can not be considered a breach of divorce without going to court or divorce without registration; Because the principle is based on correctness and non-invalidity. The effect of establishing these formalities, as stated in the court rulings, is that litigation proving a normal divorce cannot be heard; Because divorce has to go through a specific legal process.
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The effect of the couple's addiction on the condition of the wife's representation in divorce proceedings
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Judicial Case Review (Ray), -
Criticism of decision No. 602 of the General council of justices of Supreme Court of Administrative Justice regarding the legal nature of Shahed University
*, Masoud Mahmoudi
Judicial Case Review (Ray),