السلطة التقديرية للقاضي في تقدير نفقة الزوجية | ||
| AL-Qadisiya Journal For Law and Political Sciences | ||
| Volume 13, Issue 2, August 2022, Pages 577-596 PDF (948.38 K) | ||
| Author | ||
| م. د بان بدر حسن | ||
| AL-Qadisiya Journal | ||
| Abstract | ||
| The research highlights the discretionary power of the judge in the assessment of marital alimony. The research aims to shed light on the concept of the discretionary power of the judge in the assessment of marital alimony and the opinion of the Iraqi legislation. The problem of the research tackles the gist of the judge's discretionary powers, the standards on which the judge is based to assess the alimony, and whether the power of the judge is absolute or restricted. The research also tackles the application of the discretionary powers of the judge in another research. Certain results and recommendations are concluded. One of these results shows that the powers of the judge are a legal way based on certain conditions and standards determined by the law. It is shown that many ways apply to the fact that the discretionary powers of the judge include his powers to the reassessment of increase or decrease of the marital alimony, imposing temporary alimony, assessment of alimony to the absent wife, and the permission of enabling her to be debit. The recommendations are based on the dependency of the financial situation on the husband, the changing of the prices upon the alimony assessment, the necessity of fixing a schedule to accept the demand of increase or decrease, the imposing of the temporary alimony, and determining the meaning of emergencies that allow contemplating the discretionary of the marital alimony. | ||
| Keywords | ||
| Marital alimony; discretion; Judge; assessment judicial receivership - contract receivership - guard - civil liability | ||
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