Authorized the wife's assessment of household assets at a price Alsoq..alqdhae separates the financial and in-kind rights of divorced women
Baghdad / term
It settled the Federal Court of Cassation, continued dispute over marital furniture after the occurrence of cases of separation and divorce. It gave legal paragraphs the right of women to own furniture if it was part of her dowry deferred.
And it authorized the Federal Court to Altmmaz women delegation to prove the ownership of the assets inside the house , including gold jewelry and gifts received. While it gave in the assessment of their property authorization if the man hid or acted as her back.
According to the Personal Status Judge Ghaith Jabbar Abu Nasiriya in a statement to the newspaper issued by the Supreme Judicial Council, and obtained (range), a copy of it, " The Federal Court of Cassation in Iraq resolved the issue of women entitlement to marital furniture , " stressing that "women deserve what exists at home It recognized that it was part of any accelerated dowries received before entering them, as a room to sleep and equipment condition home
kitchen. "
Said Judge Abu Nasiriya, that "women are also worth of assets in the court , which was bought from her own money, as well as received from gifts either her husband or
other people , " pointing out that "prove what falls within the marital furniture as possible with all legal means , including statements witnesses, or provide documents, especially in regards to gold jewelry. "
The right to judge the court to put the booking home assets before deciding the case in the event of a fear of disposition, according to the statement by the personal status judge. He stressed that " the man of private property, or as a stretcher his personal computer no longer marital furniture and women deserve."
The law allows women that cost substantiation of its existence or ownership of the furniture already in the case of such a man hide furniture and dispose of them. And then evaluate what was being disposed of in accordance with the prices prevailing in the market.
Included on the subject of the dispute legal procedures, the woman put Okiem furniture disposer, and if the man objected to that value , the court commissioned experts to resolve the dispute and in the light of their report , the competent court to take its decision and guaranteed Saralathat.
For his part, Deputy Prosecutor Judge Nasser Omran said that " the case of marital furniture located between the spouses considered by the Personal Status Court, but if the dispute woman heading to a person other than the husband, as if the husband is dead and claimed his widow that one of his relatives Kackheh or his father or his mother , the case shall be the jurisdiction of the court of first instance. "
And on the mandate of the Personal Status Court , claiming furniture between the spouses, the Deputy Prosecutor, that " the Federal Court of Cassation upheld the orientation of the Iraqi legislature in this regard," and attributed to " the desire of the Iraqi judiciary in settling family disputes within the scope of a specialized court , claiming personal status has the roles of reform emanating from seeking to heal the rift within the family. "
In turn, the Personal Status Judge Saad Mohammed said that " the marital furniture are the purposes that fall within the dowry and all that was owned by the wife before already married and obtained after marriage gifts or other , " noting that " the nature of the family in our society imposes that share a wife in things the house and its requirements and therefore many of the common home furniture among them may be. "
However , Mohammed said , that "in the event of the partnership to buy the house furniture between the couple, every person has the right to Adai part which contributed to it , " warning that " the couple share price furniture including", noting at the same time that "the right man also sue marital furniture if the wife has Gspt furniture common among them. "
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