Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

A comparative study of conflicting laws related to marriage in the legal systems of Iran and Iraq

Document Type : research

Authors
Morteza Razzaq Shahit Delfi 1
Zainab Pourkhaqan Shahrezaee 2
Ismail Jabouri 3
Seyyed mahdi alameh 4
1 PhD student in private law, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
2 Assistant Professor of Law Department, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran
3 Assistant Professor of the Department of Law, Al-Mustansarih University, Iraq.
4 Assistant Professor of Law Department, Isfahan Branch (Khorasgan), Islamic Azad University, Isfahan, Iran.
10.22034/ejs.2024.467108.1866
Abstract
Background and Aims: The purpose of this article is a comparative study of the conflict of laws related to marriage in the legal systems of Iran and Iraq.
Materials and Methods: This article is theoretical and the research method is descriptive and analytical. Materials and data are also qualitative and data collection was used in collecting materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are respected.
Findings: The laws of the countries of Iran and Iraq have made the conflict of laws related to marriage subject to the law of their respective states; According to Iraqi law, the conflict of laws in marriage appears in several cases, depending on any conflict, it may appear at is the subject of a relationship. and its handling is brought up in the courts, rather, it exists from the moment when the legal relationship is created, because the origin of this relationship requires the determination of the law, and the definition It creates
Conclusion: The issue of conflict between national laws is brought up in courts that consider the laws related to the to the law of the person's home state; The effect of the category of nationality due to marriage and its effect on the category of nationality is also raised in countries where the personal status of individuals is subject to the law of their respective state.
Keywords
conflict of laws
marriage
mixed marriage
personal status
Iranian law
Iraqi law
Subjects
Strategic Studies of Jurisprudence and Law
Volume 6, special issue
Studies of economic jurisprudence
Summer 2024
Pages 685-702