جستجوی مقالات مرتبط با کلیدواژه « تکالیف زوجین » در نشریات گروه « فقه و حقوق »

The prevalence of Covid-19 has affected all social and individualactivities. It is obvious that the consequences of this pandemic have alsospread to the family as a social and legal institution. Especially with theprolongation of the disease, in addition to economic effects, its legal effectscan also be observed. Restrictions on preventing the spread of the diseasecan affect the rights and responsibilities of the family members. In thesecircumstances, it is necessary to identify the legal foundations that lead tochanges in these rights and obligations. It seems that principles such asharmlessness (LaZarar), urgency (Ezterar) difficulty and embarrassment andavoiding possible harm can help the Iranian legal system to find a suitablebasis for adopting legal solutions in the family. After that, one can commenton each of the couple's or parents' responsibilities. Issues such as maritalduties of the couple, meeting with the child, cohabitation of the couple, etc.in the event of the pandemics of a contagious disease, may be governed bydifferent rules which can be clarified by using legal principles.

Despite the text of articles 1108 and 1130 in the civil law, which made some doubts in considering sanctions on leaving the cooperation known as an infraction, the duty of cooperation between couples mentioned in article 1104 vanished all doubts. On the essence of this duty, amongst the doctrine of law are different points of view, as some know it ethical while some other count it juridical. However, the authors of this paper, through searching the jurisprudential and juridical sources and taking the descriptive-analytical method and observing the judicial procedure, believe in the third view that is the bilateral essence of ethical-juridical for this article. Regarding this view, about the low-level examples, this is only ethical and on the higher-level ones, it would be juridical which overlaps with disobedience standard in jurisprudence. The criterion on distinguishing the forenamed levels is custom and if any conflict happens, the verdict of substantive courts would be applied. Thus, there will be various and appropriate sanctions according to the jurisprudence and law, which can be proven by the organized jurisprudence view point. Key words: Cooperation, Strengthening the foundations of the family, Organized jurisprudence.