نوع مقاله : مقاله پژوهشی
نویسندگان
1 استادیار حقوق خصوصی، عضو هیئت علمی پژوهشگاه قوه قضائیه، تهران، ایران. (نویسنده مسئول)
2 دانشیار گروه حقوق و فقه اجتماعی، پژوهشگاه حوزه و دانشگاه، قم، ایران/ دانش‌آموخته سطح 4 حوزه علمیه قم، قم، ایران.
چکیده
کلیدواژه‌ها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
The difference between the husband's claim that the money he has paid to his wife is dowry (Mahr) (to fulfill his promise to pay dowry) and the wife's claim that the money she has acquired is a gift (to benefit from the possibility of acquiring dowry in addition to the gift) and also the conflict between the husband's claim that the money he has paid is a gift (to benefit from the possibility of returning to the gift) and the wife's claim that the money she has acquired is dowry (to prevent returning the paid money) are among the common claims in the disputes between spouses in the courts. In these lawsuits, distinguishing between the claimant and the denier and preceding the promise of one of the spouses is one of the most important challenges in the courts. Therefore, the current research was conducted with the aim of investigating the nature and title of money paid by the husband to the wife in an analytical-documentary way. The results showed that in order to distinguish between the claimant and the denier in these claims, five points of view have been presented in jurisprudential opinions. The famous theory of jurists that believes in both of the above-mentioned lawsuits, the claimant's promise that the money the husband pays to the wife is dowry takes precedence, is strengthened. The principle (Amareh) of reciprocity of payment, the principle of non-gratuity, and the principle of indebtedness of the payer are among the most important reasons that play a significant role in choosing this theory. In the present research, by explaining competing theories and comparing them with the famous theory of jurists, as well as explaining the evidence of the famous theory, the analytical and implicational strength of the famous theory and its preference over other theories were determined.
کلیدواژه‌ها [English]
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