Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Laws of marriage and dissolution of marriage in conflict of laws

Document Type : research

Authors
1 Ph.D. student of 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.2024.463184.1841
Abstract
Background and Aim: Considering the importance of marriage and its dissolution in domestic law relations, every legislator tried to determine the laws to regulate them in their national law and apply their provisions to the issues of their country. The purpose of this article is to examine the rulings on the effects of dissolution of marriage in conflict of laws.
Materials and Methods: This article 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: Iran is one of the countries that considers the personal status of individuals to be subject to the law of their respective government. By referring to some regulations and rules subject to the rules and regulations of the religion they follow. He knew and implemented the cases that the legislator has left silent or specific rules in this field are not found in their religion or religion according to the general rules (civil law) or the law of the place where the document was drawn up.
Conclusion: The result is that the method adopted to resolve the conflict of laws is through the rules of assignment, which are the national laws that the legislator regulates by a law, because the applicable law for the legal relationship with a foreign component.
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