نوع مقاله : علمی - پژوهشی
نویسنده
دانش آموخته دوره دکتری فقه و حقوق جزا دانشگاه شهید مطهری
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Alimony is one of the functions of marriage and results of the couple's good behavior. The task of providing is assigned to the couple and the task of estimating is assigned to an expert for technicality.
In examining the cases of alimony, we come across figures that neither show reality nor are based on justified logic, however, according to the law, the figures should be set based on the wife's conventional needs, the daily market price, and the fairness. The main question is the logic governing on these figures. This research which is an applied research, relying on the descriptive-analytical method, and through field research and questionnaires and by examining the cases based on the facts and observing the rule of justice and fairness, has been analyzed the problem and presented a solution. The findings indicate that present figures are in harmony with the custom of the expert, the conditions of the couple and the will of the judicial authority. This situation can be reviewed with the vicarious liability, the establishment of a family support found and favorable government intervention; because an expert’s theory without real support is an example of a policy violation and forgery.
کلیدواژهها [English]
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