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Research -40- ILIC 2022
مركز المرأة في نزاعات دعوى الحضانة
Keywords: custody, custody, the best interest of the child, marriage, mixed.
Journal of college of law
For legal and political sciences
Volume (11) ISSN: 2226-4582 AIF: 08
Faculty of Law / Tishk International University
Date: 22-23, December 2022
Venue: Kurdistan Region- Erbil
Women’s location in incubation case Disputes
Dr. Rajaa Hussein Abdulameer
Law Department, Hilla university college, Babylon, Iraq
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Abstract
Incubation is one of the important means of preserving the child and carrying out his affairs by the custodian, who is qualified for this task. However, assigning custody to the person who is most qualified and able to carry out his obligations under the custody of the child is one of the most difficult issues, and becomes more complicated in the case of a mixed marriage, as the differences between spouses affect the The relationship of each of them with the child, and to study this problem and the problems that custody raises in the field of private international law on the legal status of women, the Iraqi legislator has established a rule of attribution regarding custody, and by extrapolating this rule, we find that the legislator did not take into account the status of women, so it is necessary to establish rules It strengthens the status of women and takes into account their existence in two respects, in terms of motherhood and in terms of being a living being that has rights as men have rights. It must be said that most studies within the framework of private international law focused on the applicable law and its problematic limitation on the interests of the child, without paying tangible attention to the status of women. In the matter of custody.
المصادر
ب/ الدوريات
ج/ الاتفاقيات الدولية
ح/ القوانين
ثانياً/ المصادر الاجنبية