Termination of the marriage contract in private international law, A comparative study of Iranian and Iraqi law

Abstract

The dissolution of the joint life between the spouses and the impossibility of continuity of life between them, or due to the death of one of the spouses, has personal and financial effects, and then the marital relationship was dissolved and existed between two parties of different nationalities, and because each party to the marital relationship has its own national law, which is committed to applying its rules to its various actions This conflict raises a conflict of laws to resolve the dispute over the effects of the dissolution of the marriage contract, whether it is personal or financial effects. Therefore, the search for the law concerned with each of the personal effects and the rules of conflict that govern them, and the search for the law that specializes in resolving the dispute over the financial effects by defining the content of the financial implications. On the dissolution of the marriage contract and the statement of the rules of conflict that govern

these financial Divorce between husband and wife who are citizens of the same country, as mentioned in the case of marriage, in the event of divorce, the private international law of Iran declares the jurisdiction of the law of the respective country to each person and according to Articles 6 and 17 of the Civil Code of Iranians living abroad divorce is subject to the laws of Iran and is subject to Foreigners living in Iran to the laws of their governments. Therefore, for a foreigner to divorce his wife in Iran, the law of the relevant government must provide for the right to divorce, otherwise his request for divorce will have no legal effect The point to keep in mind here is that the laws of the government of spouses apply only in the part relating to the nature of the divorce and not in the part that is not related to the substantive issues of divorce, such as the procedure to be followed to obtain a divorce. So when a foreign woman files a divorce case against her husband, who is also a citizen of the same foreign country, in an Iran court, the court has to consider the civil law provisions Iran procedures and issue a judgment, although foreign government procedures have special procedures regarding processing the application.