The financial independence of the spouses within the framework of international private relations

Abstract

The financial system of the spouses means a set of legal rules according to which the rights and duties of the spouses are determined in terms of ownership of their money, the wills of this money, its management and use, and in terms of debts that are made before and during marriage and after the dissolution of the contract and the settlement of the rights of both spouses after the end of the marital relationship. The legal organization of this institution differs from one legislation to another. If the legislation that adopts Islamic Sharia in personal status laws explicitly enshrines the principle of separation inherited from Islamic jurisprudence and makes the financial system of the spouses within the personal status sect that is subject to the national law of the spouses, it is different This is in Western legislation that distinguished between the legal financial system and the consensual financial system, and it considered the financial system of marriage as one of the effects of marriage that entered the circle of real conditions and subjected it to the law of the will of the contracting parties, within the limits determined by the law.