النزاع في متاع البيت و الإجتهادات القضائية

Abstract

" The predominant appearance of financial disputes between spouses post alimony and shared finances revolves around conflicts over household property ownership. Several issues arise between divorcing couples regarding household items that either spouse acquired during their marriage, items brought by the wife upon marriage, or items acquired by the husband to welcome his wife. As long as marital life is ongoing and stable, these possessions are considered shared property between them. However, upon the dissolution of their relationship through divorce or death, disputes arise, typically involving the denial by the defendant of the existence of the property originally or the denial of the claimant's ownership of the existing property. When such disputes are brought before a judge, resolution is mandated under Article 73 of family law. Nevertheless, the text of the article is insufficient, necessitating enrichment starting with the inventory of household goods to the resolution of disputes with a clear explanation of procedural rules. The text of the article has not addressed the case of denying the existence of the property originally, but has instead directly addressed a dispute over the assumption that the property exists, without any dispute over it, which also requires clarification from the legislator."