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In detail: The factors in dissolution of the marital relationship “divorce” of the harm by its legal basis

In detail: The factors in dissolution of the marital relationship “divorce” of the harm by its legal basis

In detail: The factors in dissolution of the marital relationship “divorce” of the harm by its legal basis

In detail: The factors in dissolution of the marital relationship “divorce” of the harm by its legal basis

بشكل مفصل: عوامل فسخ العلاقة الزوجية"التطليق" للضرر بسندها الشرعي
In detail: The factors in dissolution of the marital relationship “divorce” of the harm by its legal basis

What are the factors in dissolution of the marital relationship of harm?

· Multiple factors breaking the marital relationship for damage in the Egyptian legislation between the harm from lack of spending or bad ten or imprisonment or marriage to others and other factors, according to what came in legislation 25 of 1920 and Decree Law 25 of 1929 as amended by Law 100 of 1985, we find that the factors of actions The dissolution of the marital relationship of harm or divorce of the harm is divided into:

The biggest argument: a divorce “divorce” for the harm not to spend.
-The wife can promote a divorce lawsuit for damages to refrain from spending, requesting the court to divorce or divorce in order for her spouse to refrain from spending above. And the basis for that:

إقرأ أيضا:ماهي شركة التوصية البسيطة وماهي صيغة تأسيس مؤسسات التوصية البسيطة؟

– Article 4 of Legislation 25 of 1920 and amended by Law Hundred of 1985 stipulated that “if the spouse refuses to spend on his wife, if he has a clear ownership, then the ruling for the alimony above is implemented in his wealth. If he does not have a clear wealth and does not say that he is insolvent or affluent, except that He insisted on not spending, the judge divorced him immediately, and if he claimed the opposite, if he did not prove him, he would divorce him above now, and if his family had proven it for a period of no more than a month, then he would not spend the divorce above in the wake of that.

In detail: The factors in dissolution of the marital relationship “divorce” of the harm by its legal basis

– Article 5 of Constitution 25 of 1920 and amended by Law Hundred of 1985 states: “If the consort was absent in close absence, if he had a clear ownership, the judgment was applied to him above the expense in his wealth, and if he did not have a clear wealth, the judge excused him by the well-known methods and put him for a long time , If he does not send what his spouse spends on himself, or is absent from the spends above, the judge divorces him after the lapse of time. If he is out of absence, it is not easily accessible, or the store is unknown, or he is missing, I jumped out that he has no property to spend the spouse, The judge divorced above him, and the provisions of that article apply to the prisoner who finds it difficult to support.

إقرأ أيضا:ماهي شركة التوصية البسيطة وماهي صيغة تأسيس مؤسسات التوصية البسيطة؟

Article 6 of Legislation 25 of 1920, as amended by Law Hundred of 1985, stipulates that “the divorce of a judge for non-spending takes place retroactively, and the husband may review his wife if he has left his hand and prepared to spend during the waiting period, so if his left is not proven and he is not prepared to spend, then the return is not correct”

Here, to file a divorce suit for damages for failure to spend:
1- There is no clear ownership of the husband to execute on top of marital support.
2- Failure to interpret the consort as being affluent or insolvent.
3- Quran’s insistence not to spend.
4- The existence of a final ruling on marital alimony and the rulings on arresting a person who was frozen.

In detail: The factors in dissolution of the marital relationship “divorce” of the harm by its legal basis

The second motive – divorce “divorce” of the harm to imprison the spouse.
– The wife may promote a lawsuit of divorce for the harm of the one who seized her spouse if her partner has been sentenced to a sentence that restricts his freedom for a period of 3 years or more, requesting a ruling to divorce her for the damage, provided that the ruling does not accept appeal by ordinary methods, and that her spouse rules a year of his sentence and it is not required that she has money spent from it. The basis for this:

إقرأ أيضا:ماهي شركة التوصية البسيطة وماهي صيغة تأسيس مؤسسات التوصية البسيطة؟

– Article 14 of Legislation 25 of 1920 and amended by Law Hundred of 1985 stipulates that “for the wife of al-Mahbous, who is decisively sentenced over him by a registered penalty for freedom, stage 3 years or more, to ask the judge, after a year has passed since his imprisonment, to divorce on top of him in order to avoid harm, even if it is his A fortune from which to spend

To upgrade the lawsuit, it is required:
1- He detained the consort for 3 years or more by a final ruling, in order not to appeal the ordinary methods.
2- That the spouse passes a year of his sentence.
The third reason: divorce “divorce” because of harm from not attending consort, abandonment, or panic.

In detail: The factors in dissolution of the marital relationship “divorce” of the harm by its legal basis

– It is permissible for a wife to cherish a divorce lawsuit for the harm of not attending her partner if he is absent for a period because the wife fears for herself from falling into fitna and the travel period or absence is one year or more, even if she has property spent from it. And the basis for that:

Article 12 of Resolution 25 of 1929 and amended by Law 100 of 1985 stipulated that “if the consort is absent for a year or more without an acceptable excuse, his wife may ask the judge to divorce him consecutively if he is damaged after him, even if he has property that can be spent from him.”

– Article 13 of the Organizational Order of Law 25 of 1929 and amended by Law Hundred of 1985 states: “If the correspondence can be reached by the absent, the judge will have an assault for the judge, and he will be excused for having fired it.

And if the correspondence cannot reach the absentee, the judge will divorce him on it without an excuse or an assault.

In detail: The factors in dissolution of the marital relationship “divorce” of the harm by its legal basis

The 4 justification – a “divorce” divorce for the harm and bad ten.

It is permissible for the wife to file a case for divorce for the harm and bad ten if the spouse is accustomed to infringement on top of it, and also can appeal to divorce for the damage even if the damage was achieved once and that is by writing the minutes or witnesses testimony and the basis for this:

– Article 6 of the organizational order in Law 25 of 1929 and amended by Law Hundred of 1985 states: “If the context claims damage to the consort with it in a manner that cannot accompany the continuity of ten among its likes, it may ask the judge to distinguish and the judge may release it as a clear shot if the damage stabilizes and fails to repair Between them, if the request is rejected, then the complaint is repeated and the damage is not proven, the judge sends two rulings, and he decides on the face described in Articles 7,8,9,10,11.

In detail: The factors in dissolution of the marital relationship “divorce” of the harm by its legal basis

In detail: The factors in dissolution of the marital relationship “divorce” of the harm by its legal basis

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السابق
بشكل مفصل: عوامل فسخ العلاقة الزوجية”التطليق” للضرر بسندها الشرعي
التالي
أحسن بيّن لدعوي طلاق للضرر شرعا وقانونا وأنواعها

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