Demand for Nehla and Fair Equivalent Remuneration

Demand for Nehla and Fair Equivalent Remuneration

Apart from the debate on whether the fair equivalent remuneration and belonging to the wife, with the condition that the wife is the family wage earner, is, firstly, in accordance with the dignity of the woman or not, and secondly, incites and encourages women to receive wages. To get the fair equivalent remuneration, the days of marriage are documented in two legal articles.

Article 336 of the Civil Law, which reads as follows: “Anyone who, according to someone else’s order, acts in a scientific manner for which the mystics are remunerated, or the person habitually prepares for that act, will be entitled to the reward of his act, unless it is clear that He intended to donate.”

Terms of belonging of fair equivalent remuneration:

It should be noted that the fair equivalent remuneration during the financial condition is included in the financial contract regarding the wife’s work in the household and is also during the nominal wage. That is, if the wife has a condition in the housework, it is not the turn of the fair equivalent remuneration.
The wife should not intend to donate, because if she intends to donate in the housework from the beginning and so-called free, she can’t receive the reward of the days of marriage, but in this regard, it is time to discuss.
The divorce application should not be made by the wife and the husband should intend to divorce. Of course, if the divorce petition filed by the husband is due to the wife’s misconduct or the wife’s immorality and behavior, then no retribution will be granted.

Terms of belonging of Nehla:

The first condition of belonging of Nehla to a family, such as belonging to a fair equivalent remuneration, is conditional on the man’s request for divorce, and also the man’s request should not be due to the wife’s violation of her marital duties or her immorality and behavior.
Nahla is during the fair equivalent remuneration, that is, if for any reason it is not possible to determine the fair equivalent remuneration (such as when a woman intends to donate), it is the turn of the Nehla and the determination of the Nehla is taken.

How to determine the fair equivalent remuneration:

In fair equivalent remuneration, the financial situation of the people is not the criterion for determining the amount of fair equivalent remuneration, but is determined by referring the matter to a female expert on housework.

How to determine the Nehla:

In Nehla, the court determines the amount to be paid to the wife according to the financial situation of the husband and the efforts of the wife, and in Nehla there is no need to appoint an expert, and the judge must investigate the financial situation of the husband and the proportionate amount according to the wife’s efforts.

How to file a lawsuit:

The wife can settle the petition for retribution independently of the petition for the issuance of a certificate of impossibility, and she does not need to do so after the divorce, and it is possible before the divorce, in which case an inquiry from the Expediency Council Issued on August 24, 1994 that:

Article One – The word “after divorce” at the beginning of Note 6 of the Law on Amending the Rules of Divorce, after the court finds it impossible to reconcile, so it will be done according to the cases mentioned in paragraph 3… “Therefore, if the wife before implementation if the divorce decree does so, the implementation of the divorce decree and its registration in the office will be subject to the payment of the woman’s salary, which is an interpretative law (the above single article) issued in order to protect women’s rights.

Payment of fair equivalent remuneration is one of the ways of compensation that the legislator has required in certain circumstances and cases. Fair equivalent remuneration can be the price of what a person has done or the damage caused by the use of another person’s property and the like. For example, we can mention the fair equivalent remuneration wages of marriage and the fair equivalent remuneration wages of occupation days. In general, the amount of fair equivalent remuneration reward is determined by custom.

Realizing the right or reaching the rightful owner is the first duty of the law. The legislator is trying in different ways and in different laws to prevent the violation of the rights of individuals and to try as much as possible to compensate for it. One of the issues that the legislator considers in taking the rights of individuals is compensation, which is one of the methods of compensation is the payment of retribution.

This damage may have been to the benefit of the work or to the property or to another person. These damages may have occurred under a contract or an implied agreement. Therefore, we will continue to examine the fair equivalent remuneration reward and its types.

What is the fair equivalent remuneration?

According to the principle of freedom of will, individuals are free to enter into their contracts. In particular, contracts concluded in accordance with Article 10 of the Civil Code. Any method fair equivalent remuneration for compensation is valid and the judge is required to follow it.

Sometimes it happens that either the will of the people is not valid or the compensation has not been determined in advance. Obviously, not compensating for the accident is unfair. Hence, the legislature has provided for retribution to compensate for the damage. So it is better to know first what the reward of fair equivalent remuneration is.

Fair equivalent remuneration is the method provided by the legislature for compensation where the amount and method of which has not been contracted or the agreement is not valid. In fact, fair equivalent remuneration is the amount that a guarantor or responsible person must pay to the owner in return for the benefits used or lost.

Fair equivalent remuneration is literally the opposite of nominal reward. The nominal remuneration is an amount that the parties have already agreed on and their will has determined its amount, but the fair equivalent remuneration is an amount that is determined by custom outside the will of the individuals.

Types of fair equivalent remuneration

Types of fair equivalent remuneration are divided into two types based on the origin and reason that are determined: fair equivalent remuneration benefit from work and fair equivalent remuneration benefit from property, which we will explain in this section. Fair equivalent remuneration benefit from work:

Fair equivalent remuneration and benefits from work:

Human beings have a high status in Iranian law. The Constitution considers the foundations of the Islamic Republic to be based on faith in matters, one of which is the dignity and high value of human beings. Therefore, man is never recognized as property, but what he does has economic and financial value and must be compensated.

What is stated in the law as the rent of persons is also the rent of the work that the individual does. Custom also changes the amount for human action according to the job and type of work. Therefore, whenever a person’s work has an economic value in the custom and is without the intention of donation or free action, the person who has done the work on his orders is as much a guarantor and responsible as a fair equivalent remuneration.

For example, the fair equivalent remuneration that a judge sets for a woman’s work. Article 676 of the Civil Code also states about the lawyer’s fair equivalent remuneration: “The lawyer’s attorney’s fee will be subject to a contract between the parties, and if it is not related to the attorney’s fee or the amount of the contract, it is subject to custom and habit.” Another case in the contract is Commanditer, which is not considered Commanditer if the conditions stipulated in the law are not observed, and the agent is entitled to receive fair equivalent remuneration.

Fair equivalent remuneration for the benefit of property:

Iranian law, in various cases, has recognized the owner as entitled to retaliation. One of the most common examples of this is the tenant’s fair equivalent remuneration wage when the lease expires. In this regard, Article 494 of the Civil Code states that:

“The lease is terminated as soon as the term expires, and if after the expiration the tenant keeps the same tenant for a while without the landlord’s permission, the landlord will be entitled to fair equivalent remuneration for that period, even if the tenant has not benefited and if with permission “The owner retains possession when he has to pay retribution that the resignation has benefited unless the owner has allowed him to use it for free.”

In other words, if the lease expires and the tenant still has the same tenant, there are two options. The first case is when the landlord allows him to use the same tenant after the permit expires, for which he must pay the fair equivalent remuneration unless the landlord says to use it for free. The second case is when he continues to use it without the owner’s permission, in which case the fair equivalent remuneration is certainly received.

Of course, it is necessary to mention that if after the end of the lease, the tenant continues to use it and the landlord does not want to vacate it, the tenant is considered a permitted, not a usurper. Because the landlord’s silence is a reason for his consent to continue using the tenant. Another example in this regard is the damage that the usurper must pay to the owner for the usurpation of the property.

Frequently Asked Questions

1- What is the fair equivalent remuneration?

Retribution is the amount determined by custom to compensate in some cases.

2- In what cases is the fair equivalent remuneration taken?

In cases where the manner of compensation is not specified by individuals or the property of another person has been usurped and.., fair equivalent remuneration is determined.

3- Is the fair equivalent remuneration also given to the work of the worker?

If the amount of remuneration is not determined between the two parties to the contract in any way, the fair equivalent remuneration will be awarded.

If you have any questions in the context of the petition for Nehla and fair equivalent remuneration and related rulings, or you need guidance in setting up its provisions, our experienced consultants and lawyers in the Asia Lawyers Group will answer your questions.