نوع مقاله : مقاله پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
Abstract
Digital culture, by creating new financial obligations and activities in cyberspace, has profoundly impacted the family institution and spousal responsibilities. This research provides a jurisprudential-legal analysis of the phenomenon of "Digital Obligations," such as cryptocurrency investments, participation in virtual pyramid schemes, obligations arising from online games, and international online loans, and their effects on spousal responsibilities according to Iranian law. The research method is descriptive-analytical, based on a library study of laws, judicial opinions, jurisprudential texts, and international resources. Findings indicate that despite the silence of family laws (Civil Code and Family Protection Law) regarding these obligations, the general principles of spousal civil liability and the rule of "Pacta Sunt Servanda" encompass them. The main challenge lies in determining the "legitimacy" of these obligations and distinguishing between "joint" or "individual" spousal responsibility. From a jurisprudential perspective, principles such as "nafy al-'uhdah" (repudiation of unauthorized obligation), "la darar" (no harm), and "maslahat" (public interest) provide a framework for assessing legitimacy and determining the scope of liability. By introducing the concept of "Conditional Joint Digital Liability," this article suggests that future judicial precedent and legislation should define spousal responsibility for these novel obligations by considering criteria such as the knowledge and consent of the other spouse, the legitimacy of the activity, and the benefit to the family.
کلیدواژهها English