Dowry; subordinating the general rules of the preliminary debts or subordinating the specific system? (a contemplation on revocation of article 22 of the code of “family protection” by the new code of “implementation way of monetary convictions”)

Document Type : Original Article

Authors

1 Isfahan University's member of the department of law /DEPARTMENT OF LAW, ADMINISTRATIVE SCIENCES AND ECONOMY FACULTY, UNIVERSITY OF ISFAHAN, ISFAHAN, IRAN

2 DEPARTMENT OF LAW, ADMINISTRATIVE SCIENCES AND ECONOMY FACULTY, UNIVERSITY OF ISFAHAN, ISFAHAN, IRAN

10.29252/jlr.2021.185190.1684

Abstract

The code of “implementation way of monetary convictions enacted in 1377” in a stringent policy imposed the assumption on debtor’s solvency except proving insolvency. In order to that policy, in all kinds of debts, this code sanctioned the detention against the debtor as he refused to pay off the debt. Pursuant to the aforementioned, the code of “family protection enacted in 1391” in its article 22 adjusted that regulation about dowry claim. According to this article only the demand for to amount of 110 golds or the amount of dowries that equals 110 golds was included by the general system of the code of 1377 and the amount of dowry that is upper than what was mentioned was excluded from that general system. Ratification of “I.W.O.M.C enacted in 1394” and the explicit revocation of “I.W.O.M.C enacted in 1377” institutes a new system. This new system consists of the segregation between the debts that are preceded by acquiring property and the preliminary debts. The new system has reversed the burden of proof about the recent kind, in a way that about this kind, it has imposed the assumption on the debtor’s insolvency. Also, about the preliminary debts, according to this code, the sanction of detention is providing the proof of debtor’s solvency. By the ratification of this new system, permanence of the particular provision that is embodied in article 22 of the code of 1377, became vague.

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History

  • Receive Date: 26 July 2020
  • Revise Date: 13 March 2021
  • Accept Date: 25 April 2021

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