مقايسه ي شرط تنصيف اموال زوج با اشتراك اموال در حقوق فرانسه

Comparing the Condition of Dividing Husbandʹs Property with Shared Property in the French Law

By the Iranian law, if the marriage is terminated through divorce, with the exception of limited cases, and only for short periods of time, in which alimony is assigned for the woman, she is economically subjected to a gloomy situation. Such situation is intensified when the divorced is asked by the woman or is the result of her fault. In these cases, the civil rights of some countries provide measures to protect women. Nevertheless, the Iranian Civil Code remains silent on this matter; although recently, based on a law ratified by the High Judiciary Council, in some marriage contracts a condition is inserted known as the condition to divide husbandʹs property. This condition, in part, satisfies the womanʹs sustenance. This paper intends to compare this legal provision with a somewhat similar provision in the French law known as the shared property.