نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسنده English
The necessity of preserving the family unit requires that the procedure for handling divorce cases differs from that of other civil disputes. The existence of various standalone provisions and scattered laws has led to ambiguity and inconsistency in the rulings of family courts. Courts have different definitions of the certificate of inability to reconcile in divorce cases, which causes significant difficulties for divorce applicants in executing the court’s decision. The obligation for spouses to refer to the court to obtain the certificate of inability to reconcile, register it, and determine a timeframe for the validity of the certificate is addressed. Therefore, this article aims to clarify the legal nature of the certificate of inability to reconcile in family disputes using a descriptive-analytical method. The certificate of inability to reconcile is not a corrective report, as it is issued as a judgment according to the new applicable regulations and requires the passage of time for objections. In terms of enforceability, it differs from a corrective report and cannot be executed based on the provisions of the Civil Procedure Code.
کلیدواژهها English