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Preventing Violation of Ethics and Abuse of Family Rights in Common Law
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M Mesbah1   , A Nasehi2 , R Abaft3 |
1- Department of Private Law, Payam Noor University, Tehran
2- Department of Private Law, Payam Noor University, Tehran. , nasehia742@gmail.com
3- Department of Private Law, Payam Noor University, Tehran. |
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Abstract: (483 Views) |
Background: Just as the laws determine the external limits of the right, the internal limits and the method of its implementation are also determined by other principles, which interpret the violation of these limits as "abuse of the right". The issue of abuse of rights in the common law is vague and confusing to the extent that even some legal writers believe that the mentioned legal system did not recognize the abuse of rights, but in general it can be said that in the opinion of the judges and legal writers of this system. Legally, the main rule is intent to harm, but this rule is not expressed in the same way. Sometimes it is stated under the title of "conspiracy", sometimes "threat" and sometimes under titles like these. In this research, using a descriptive-analytical method, an attempt has been made to investigate the cases of preventing the violation of ethics in family law and the abuse of family rights in common law.
Conclusion: In this research, while examining such things as; Divorce in common law, executive guarantee of alimony payment, determination of family residence and custody in common law, it was concluded that in common law cases of abuse of rights in family law, considering the relative equality of men and women in Rules rarely happen; However, the physical and mental condition of women is not paid much attention in the common laws and in some cases, instead of giving value to women, it is possible to violate their human rights.
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| Keywords: Ethics, Family law, Common law, Abuse of rights |
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Full-Text [PDF 656 kb]
(202 Downloads)
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Type of Study: Research |
Subject:
Special
Received: 2023/09/24 | Accepted: 2023/11/25 | Published: 2025/01/29
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