فصلنامه خانواده پژوهی (Jan 2014)
The Effect of Bankruptcy and Insolvency on the Wife’s Claims
Abstract
After the marriage, the spouses have some rights against each other, which are divided to financial or personal rights. Although personal rights belong to both the man and the woman, the financial rights, except the heritage, belong only to the wife which is imposed on the man. The dowry, the maintenance, donation, half the property of the man, remuneration belong only to the wife. After the marriage, different factors may affect the merit of the wife for these claims such as incapacity, bankruptcy or the insolvency of one of the man. Regarding the impact of these factors on the merit of the wife for these rights it should be said that in principle they do not affect this title, but in some cases it is possible. Depending on the kind of claim the effect differs. These factors may also affect the way to recover these claims, which, in any case, has got its own procedure. Therefore, the main purpose of this article is to consider the effect of the bankruptcy and insolvency of the man on the merit of the wife and the way to recover these claims.
