The Quarterly Journal of Judicial Law Views

The Quarterly Journal of Judicial Law Views

Analysis of judicial procedure in Asset Division Lawsuits

Document Type : p

Authors
Tarbiat Modares University
Abstract
The condition of asset divisionhas not been as effective as expected due to the vagueness and brevity on the one hand and the neglect of men's misbehavior as a reason for the wife's divorce request on the other hand. In this article, we are looking for an answer to this basic question by examining more than 300 judicial documents related to divorce cases and 35 cases on the issue of property division. What is the effect of each spouse's misbehavior on the rulings of the family courts in the application of the asset divisionof married couples?This research was conducted using the qualitative method and content analysis of votes, based on substantive indicators. The criteria of judges in achieving legal justice are examined and analyzed with the approach of the fundamentals of the school of dynamic interpretation and expediency and in the light of the analysis of the critical discourse of law. The findings of this research show that the most important and common causes of the ineffectiveness of the mentioned condition are the ease and frequency of evading the obligations caused by this condition by men. The disagreement of the courts is due to the ambiguity in the wording of the text of the condition; Also, the difficulty of proving the existence of property during marriage by the woman and the ease of transferring the property by the man before filing for divorce, the uncertainty of the minimum amount of the wife's possession of the property, as well as the extent of the interpretation and recognition of the judges regarding the cases of misbehavior of the wife, cause different opinions to be issued.Therefore, the condition of asset divisionand implementation has not succeeded in achieving the intrinsic and justice-seeking goals of protecting women. The result of the discussion is that the way out of the current situation, according to the lawyers, is to amend the text of the Asset division condition and create a unified judicial procedure to prevent confusion of rulings in support of women's rights.
Keywords

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  • Receive Date 26 June 2023
  • Revise Date 28 February 2024
  • Accept Date 26 August 2024