Volume 18, Issue 59 (4-2024)
MLJ 2024, 18(59): 920-937 |
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Azad Sarvestani F, Mina M. Examining the Effects of Sexual Disorders on the Rights and Duties of Spouses in Strengthening the Foundation of the Family. MLJ 2024; 18 (59) :920-937
URL: http://ijmedicallaw.ir/article-1-1800-en.html
URL: http://ijmedicallaw.ir/article-1-1800-en.html
1- Department of Private Law, Faculty of Law and Political Sciences, Shiraz University, Shiraz, Iran.
Abstract:
Background and Aim: In line with strengthening the family foundation, the aim of the present study is to examine the effects of sexual disorders on the rights and duties of spouses; specifically, in what cases these disorders can prevent them from claiming their rights or, in order to preserve the family, in what cases they should be considered entitled or obligated to fulfill their duties.
Method: This research utilized a descriptive-analytical method and was written using library resources.
Ethical Considerations: This research has been conducted in accordance with ethical principles and integrity.
Results: Sexual disorders can affect the financial and non-financial rights and obligations of spouses and can even lead to civil liability for spouses towards each other and their children. Therefore, it is better to distinguish between treatable and untreatable sexual disorders. In the present study, the impact of sexual disorders on the wife's alimony, dowry, treatment costs, obedience, and the obligation of spouses to undergo treatment has been examined. The findings of the research indicate: 1- If the wife's sexual disorder is incurable and she cannot comply, she is not considered disobedient and is entitled to receive alimony; 2- The dowry of a wife who has concealed her sexual dysfunction is not forfeited, but the husband has the right to claim damages from the wife; 3- In the case of the wife's deceit, if the disorder existed before the marriage contract, the cost of the wife's treatment is not considered as part of the alimony; 4- Compliance is the duty of spouses towards each other unless compliance is not possible due to a sexual dysfunction; 5- The treatment of couples suffering from sexual disorders and consequently the obligation to comply is possible under certain conditions; 6- Whenever a sexual disorder is not considered a force majeure, it can lead to the civil liability of the spouses.
Conclusion: Sexual disorders affect the rights and duties of spouses, and in order to adopt appropriate legal measures to preserve the family, a distinction must be made between treatable and untreatable sexual disorders.
Please cite this article as:
Azad Sarvestani F, Mina M. Examining the Effects of Sexual Disorders on the Rights and Duties of Spouses in Strengthening the Foundation of the Family. Medical Law Journal. 2024; 18: e62
Method: This research utilized a descriptive-analytical method and was written using library resources.
Ethical Considerations: This research has been conducted in accordance with ethical principles and integrity.
Results: Sexual disorders can affect the financial and non-financial rights and obligations of spouses and can even lead to civil liability for spouses towards each other and their children. Therefore, it is better to distinguish between treatable and untreatable sexual disorders. In the present study, the impact of sexual disorders on the wife's alimony, dowry, treatment costs, obedience, and the obligation of spouses to undergo treatment has been examined. The findings of the research indicate: 1- If the wife's sexual disorder is incurable and she cannot comply, she is not considered disobedient and is entitled to receive alimony; 2- The dowry of a wife who has concealed her sexual dysfunction is not forfeited, but the husband has the right to claim damages from the wife; 3- In the case of the wife's deceit, if the disorder existed before the marriage contract, the cost of the wife's treatment is not considered as part of the alimony; 4- Compliance is the duty of spouses towards each other unless compliance is not possible due to a sexual dysfunction; 5- The treatment of couples suffering from sexual disorders and consequently the obligation to comply is possible under certain conditions; 6- Whenever a sexual disorder is not considered a force majeure, it can lead to the civil liability of the spouses.
Conclusion: Sexual disorders affect the rights and duties of spouses, and in order to adopt appropriate legal measures to preserve the family, a distinction must be made between treatable and untreatable sexual disorders.
Please cite this article as:
Azad Sarvestani F, Mina M. Examining the Effects of Sexual Disorders on the Rights and Duties of Spouses in Strengthening the Foundation of the Family. Medical Law Journal. 2024; 18: e62
Keywords: Sexual Disorders, Family Stability, Rights and Duties of Spouses, Civil Responsibility in the Family
Type of Study: Original Article |
Received: 2024/03/25 | Accepted: 2024/11/5
Received: 2024/03/25 | Accepted: 2024/11/5
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