جستجوی مقالات مرتبط با کلیدواژه « family law » در نشریات گروه « روانشناسی »

Marriage and making a family is one of the most important non-market choices in every person’s life cycle with its own particular economic, social and even political effects. This choice is being made within a framework of both formal and informal institutions. By institution, we mean the rules of the game. This paper purports to apply “Family Economics” and “Economic Analysis of Law” to investigate the philosophy of family law from an economic perspective. From this approach, marriage is a long-run contract with obligations for spouses the enforcement of which brings benefits to the parties. These benefits heavily depend on the investment of the parties in the marriage that itself is associated with costs and risks. Indeed, there is an asymmetry of costs of investments and risks of utilizing of benefits over the time for the wife and the husband. This might lead to opportunistic behavior from the husband, specifically at the early years of marriage. From the economic perspective, the most important function of family law (which appears in divorce law) is to manage and cover this risk for the wife and deter the husband from opportunistic behavior.

The COVID-19 crisis has a major impact on the life of people around the world. People, their relations, their jobs and all other aspects of life have experienced change during COVID pandemic. The pandemic situation also affects the exis-ting legal agreements such as co-parent-ing. Many countries issued stay-at-home orders which limited contact between people and their family and friends. 
This order has a great impact on families who follow court orders on co-parenting and access to the children. The COVID restrictions have created confusion and distress for them about their rights and responsibilities. The study of legal decisions in Iran and also some countries such as Australia, Canada, and Ireland show that the current COVID restrictions cannot be used as an excuse to breach the legal agreement. The existing court orders remain in place and must be respected as much as possible. However, parents may modify the existing court orders according to the situation and taking into account the best interests of the child while there is a “reasonable excuse”. Some legal princ-iples such as the principle of “no harm and no loss” and the principle of “avoiding hardship” and the article 40 of Iranian Constitution which explains that the exercise of any one’s right cannot be in a manner that harms others. Therefore, if the decision to any change in access or custo-dy is made based on preventing any kind of loss or harm to children which is reasonably probable, there is no civil liability nor criminal one for the breach of legal agreement. This article examines some family law issues which have been litigated  regularly during COVID pande-mic such as the custody and access during COVID, lock-down and quarantine and access to the courts, and different ways to inform people about their legal rights and responsibilities and any modification to them during COVID-19.

This research investigates marriage portion and its influence on family institution.
This paper is a descriptive analytical research which compareatively studies this issue in viewpoint of lawyer and Islamic Jurist.
Taxation on marriage portion is not only originated from Islamic jurisprudence but also it is contrary to famous view of Islamic jurist because parties in this contract (marriage) can agree on marriage portion on the basis of their consent. It seems that government because of encouraging younger person to get marriage and prevention of escalation of marriage portion has provided this provision. It is inferred from civil code, constitution and Islamic jurisprudence that the government is not allowed to inter and interfere in these kinds of issues, therefore article 25 will not be valid for these reasons.
Moral principal in family, as one of the most important institution, have special status and influence on destination of society members. In order to pass mandatory law, particularly family law, legislator should consider moral and religious rules and costums. This kind of legislation has negative consequences. In accordance with Article 25, Family Protection Draft Bill, economy ministry must levy tax on unreasonable marriage portion. Regardless of existence of vagueness in this act, passing this act have been resulted in removing the logic order of this Draft Bill, e.g. and some obvious conflicts are revealed; for article 25 and note of article 23. At present, the question which arises is that whether this provision is consistent with legal principal of family law, and in conflict between Article 25 and 23 which article is preferred.