Investigating the approach of Iranian law regarding the cohabitation of couples

Document Type : Original Article

Authors

1 Master of Laws, Private Law, Ilam Branch, Islamic Azad University, Ilam, Iran

2 Master of Laws, Orientation of Punishment and Criminology, Ilam Branch, Islamic Azad University, Ilam, Iran

3 PhD in Political Science, Trend in Iran

Abstract

The civil law does not explicitly state the husband's obligation to live in a shared home, but custom considers it a means of good association with the wife. Meanwhile, due to the legislator's obligation to live in a shared home, it seems that the common practice between couples is against this rule, and couples separate after the execution of the divorce decree, and it rarely happens that they live together. According to common custom, the residence of the couple in a joint home after the execution of the divorce decree is considered a reprehensible thing and in practice it is not possible to enforce this sentence. The question is, if one of the spouses refuses to live together, whether during the marriage or during the reciprocal divorce, can they be forced to carry out this sentence in practice? What is the guarantee of its implementation? Regarding the nature of the couple's residence in the cohabitation, although cohabitation is required by the contract and the opposite is possible, but this cohabitation is also a right of the husband and one of the means of good association and its termination alone is not possible and Must be with the consent of both parties.

Keywords

Political Sociology of Iran
Volume 2, Issue 4 - Serial Number 8
August 2020
Pages 998-1011

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