Judicial Cohabitation between Husband and Spouse and Impacts of Infringement in Iraqi law

Abstract

The research highlights judicial cohabitation and the impacts of the infringement on Iraqi law. The research aims to constitute the concept of judicial cohabitation and the Iraqi civil law status. The research problem focuses on the essence of judicial cohabitation, its aspects, its conditions and the legal impacts resulting from this infringement as a judicial and legal obligation stated by the marriage contract. The research discusses in the first chapter the concept of judicial cohabitation and broaches in the second chapter the consequential legal impacts resulting from being not obliged to make due to the husband or the spouse. Several recommendations and results conclude. One of these results lies that the Iraqi legislator does not refer to the judicial cohabitation definition and does not object to the regulation of its provisions or does not tackle the impacts of infringement. The recommendations lie in tackling the matter of judicial cohabitation and bridging this legislative gap through discussing the general provisions and the constitution of the legal impacts resulting from the infringement of the husband or the wife.