Abuse of Rights

The rules in the family are the creators of legal relationships, and the implementation of the legal orders is the basis for the organization of the affairs. Sometimes due to the situation where the rights of the family to the spouses are recognized, the parties to each other do harm and use their rights inappropriately and, namely, abuse their rights. In the present paper, using the descriptive-linguistic method, the non-financial rights in spousal relationships and the possibility of their abuse have attracted greater attention. In addition, the explanation of the orientation of the teachings of Islam regarding the abuse of non-financial couples' rights and its prohibition without providing a guarantee of implementation is discussed, which constitutes it among the moral recommendations; the need to develop and determine the guarantee of effective implementations to prevent the abuse of non-financial rights and to control the exercise rights for the realization of the legislator’s goal and the realization of justice in the relationships of couples has been examined and proved, and for certain reasons such as the rule of no loss, the principle of expediency, the rule of maintaining the system (social system) and determining the punishment by the government has been referred to prove the point. 

Introduction: Fair and equitable proceedings, as one of the most fundamental ethical demands in the legal system, can have positive consequences in the legal system. In the process of civil proceedings, resorting to various means can prolong the proceedings and even violate the rights of the other party. Deviating the course of proceedings by resorting to delaying maneuvers will unfairly seize time in favor of one party and to the detriment of the other. In this article, an attempt has been made to explain the unethical nature of maneuvers leading to delays in civil proceedings and to identify it as an independent entity that has its own definition and characteristics. Material and Methods: This article is a descriptive review and the research method is historical, analytical, applied and inductive. Related documents reviewed for the literature and information analyzed. Conclusion: Various circulars have been issued in the Iranian judicial system to eliminate the delay of proceedings, but as long as the unethical nature of the delay maneuvers is not intended, the removal of the delay in the proceedings is inevitable, even in a biased manner by the litigants. These delay maneuvers, in addition to fraud against legal procedures and measures, are observed from the beginning of the proceedings, even before the case is referred to the judge and during the proceedings until its conclusion. By recognizing this independent nature and distinguishing it from similar titles, such as fraud against the law and abuse of rights, preventing the reliance on these causes of delay by litigants in civil proceedings through legislation with the aim of directly dealing with this phenomenon is intended by the Iranian legislator, benefiting from French doctrine and laws and even in a more advanced manner.