مطالعات زن و خانواده (Sep 2014)
The Study of the Essence Innovations and the Challenges of Family Protection Law Approved in 2013
Abstract
Considering the special importance of family institution, the latest intention of legislator in the field of common regulations on this/the said institution is manifested in the family protection law Approved in 2013. This law is a collecting of the previous regulations about family. Approving this law; has caused this expectation that family's interests are satisfied in the best manner. For this reason, we must see that what innovations dose this new law about family protection contains in this scope in order to achieve such goals and with what challenges does it face.In answer to the above-mentioned question, this paper seeks to discover weak and strong aspects of this law by using descriptive andanalytical approach and investigating the essence regulations contained in this law. According to our results, the mentioned law has some innovations in spite of its challenges and ambiguities in the field of common regulations on family. The major innovations of the new law can be referred as: paying more attention to bodily health of couples and children, the expansion of the necessity of registering the issues relating to the legislation of marriage and dissolution, the reduction of special executive guarantee protection for unusual marriage portion, intensifying the penal protection of alimony individuals, and also special remarking to financial problems and visiting rights in judicial decisions related to divorce and so on, and granting a role to institutions of family Council in litigation about divorce. Of course, the manner of writing the 22 and 42 articles of law and also misspecification of some conditions related to arbitrators made ambiguities which this problem requires correction of law. Moreover, it would be desirable to make obligatory the legislation of divorce of the temporary marriage in situations which it is necessary.
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