Reforming the Financial System Governing the Relationships Between Spouses (Marital Life, Common Properties)

Abstract

Separation of property is defined as a principle of matrimonial regime such as, «Alimony» (Nafaqe), «Seal» (Mahriyeh) and «Quantum Meruit» (Ojrat al-Mesl), in Iranian family law. Matrimonial regime in family law is- beside some other especial factors- mainly dependent on the "separation of property regime". But the result of this regime is not perfect. It seems that these factors are unable to create financial equality between spouses which is the main character of modern family law. In order to improve the financial structure of families and accommodate it with modern family requirements, we should redefine matrimonial regimes, for that to be able to create economic equality between spouses. There fore, it is recommended that the legislature, inspired by experiences of other legal systems, starts to modify the regime of separation and prepare the choice of “community of property” between spouses besides the currently existing financial regime.

Keywords

• نظام مالی زناشویی- رژیم اشتراک دارایی- رژیم استقلال دارایی افراد- تکلیف به انفاق