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- Title
الضرر المشترك واثره / دراسة في ضوء قانون الاحوال الشخصية العراقي المرقم ۱۸۸ لسنة ١٩٥٩.
- Authors
سهير حسن هادي
- Abstract
The marital relationship is based on a set of mutual rights and duties between the spouses, and if any imbalance occurs, the affection will cease and be replaced by harm and harm, because the purpose of the marriage contract is to protect the spouses and make each of them a dwelling place for the other. This can only be achieved by affection, kinship, and mercy between the spouses, but marital life may be disturbed between the spouses for reasons, including what is due to harm issued by the husband, and others due to harm issued by the wife, and this last of them is either material or moral damage. Therefore, if the marital life is dominated by joint harm, i.e. from both parties, whose impact is not limited to them only directly, but extends to the children indirectly, then life between them becomes impossible. There is no solution left for them except to demand judicial separation of the damage, which is the direct effect that results if life becomes impossible between the two parties, and the joint harm that leads to the separation is required to be serious and makes it impossible for the continuation of the life of the spouses, while the indirect effect is represented by what befalls the children as a result of this joint harm. Family disintegration is one of the most important effects resulting from the damage.
- Subjects
SEPARATION (Law); PRENUPTIAL agreements; SPOUSES; MERCY; HUSBANDS
- Publication
Al- Mouhakiq Al-Hilly Journal for Legal & Political Science, 2023, Vol 15, Issue 1, p661
- ISSN
2075-7220
- Publication type
Article