Abstract:
In this study, since private international law is the reflection of domestic private law of countries in the international context, while discussing the difficulties in domestic law of Iran, it is appropriate to refer to the relevant provisions of international law and if We will adapt the necessity of customs and traditions, social values and family rules of several countries. In case of conflict between the definitions and the laws regarding the issues raised in the case of hardship, it will be stated which court has jurisdiction in the disputed matter and which law governs it, and the description of the cases of marital hardship, according to the law of which country is possible. It is acceptable and how it will be treated through the conflict resolution rule. In Iranian law, according to Islamic jurisprudence, divorce is basically a man's right and a woman does not have the same legal status as a man. The results of this study show that in Article 1130 of the Civil Code of Iran, the issue of family hardship is briefly mentioned that if the hardship is proven, the woman has the right to file for divorce. In English law, divorce is divided into fault-based divorce and divorce without fault, while in Iranian law there is no trace of this division. The laws in Germany regarding family matters are slightly different from those in France, the United Kingdom and Canada, and emphasize the existence of a cold emotional relationship and separation between couples as the main reason for divorce. Divorce in the United States is governed by the laws of the individual in which it occurs. Divorce law terminates a marriage with a legal process passed by state law, and the petitioner or petition for divorce or dissolution is one of the parties.
Machine summary:
(Pooladi, 1388: 824) 4-3- Hardship (usr wa haraj) of the wife in French law "In French law, the right to divorce was initially at the discretion of the man, but over time, this right was divided between the spouses, and according to the French Civil Code, both spouses can obtain a divorce from each other by referring to the court and by its decree under conditions such as fault, cooling of marital relations, agreement of the wife, acceptance of the principle of dissolution of marriage, severe violence, failure to fulfill marital obligations, illicit relations, abandonment of alimony, absence, verbal altercation, lack of criminal security, and long-term separation, among these cases (Mohammadi Arani, (46 : 1382 the nature of divorce in Iranian law, in terms of legal nature, in Islamic jurisprudence and the Civil Code, divorce is the most common way to dissolve a permanent marriage and it is an 'iqaa' (unilateral act) whose expression is at the discretion of the man or his representative, and even in cases where divorce occurs based on the agreement of the spouses and in the form of khul' or mubarat, it must be considered a unilateral legal act (iqaa), because the agreement of the spouses, which is the condition 13 or the motive for divorce, is something other than itself, and divorce, meaning the final act that is realized through the execution of the formula and dissolves the marriage relationship, is in any case a unilateral legal act (iqaa) and does not result from the will of both parties.
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