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International Journal of Research in Social Sciences
Year : 2016, Volume : 6, Issue : 9
First page : ( 231) Last page : ( 240)
Online ISSN : 2249-2496.

Investigatedthe legal status of absente woman or the rights and obligations that woman has during her husband's absence

Oboudi Abdolrahim1, Dr. Hoseyni Seyed Hassan2

1Department of Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran

2Faculty Member, Department of Law, Ramhormoz Branch, Islamic Azad University, Ramhormoz, Iran

Online published on 25 October, 2016.

Abstract

Disappeared absentee is a legal term which in civil law and the law of non-litigious used by legislator. In the meantime, divorce of the wife of such a person in the supply mode or lack of support is investigated by clergyman. Due to the available documentation validity and before entering the conflict among them, and possibility of the customary, through preferences, it is possible to permit divorce even in cases of extended maintenance expenditure. Otherwise, lack of access to the assemble and a trace of this couple and accompanied by his absence with the non-fulfillment of matrimonial duties and problems and its consequences for wife, investigating the issue of divorce for her regards as "Hardship" turns necessary. Absentee disappeared one who "her absence is a long time laps and there is not any news about her.” provisions and effects of absence of disappeared that book V of the Civil Law assigned to it, most of it were taken from law. In fact, the basis of the Civil Law in this section jurisprudence is. The absence of absentee that in the Islamic law it is known to cut absenteeism the effects in the absente private property and also effects incondition of wife of Absenteein terms of survival parity.

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Keywords

fifth religions, divorce, support, the Civil Law, disappeared absentee, dowry, inheritance, custody.

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