1 استادیار دانشکدۀ حقوق، دانشگاه قم
2 مدرس دانشگاه پیام نور شهرضا
عنوان مقاله [English]
Headship over family under article 1105 of Civil Rights Code is a privileged feature of husband. This feature is not only a rigt but also a duty. Actually this headship is limited to expediencies and pro loami: and any violation is considered as aggression or abuse of the right. One of the effects of this headship is the right to decision as to wife' s employment. Employment under the law is a legal right for man and woman, but in cases that wife's employment is in contradiction to expediencies of family, wife's employment right is limited. So, ifhusband consented to wife's employment or in the case of non-contradiction to expediencies of family, the husband cannot opposite her employment. If wife's employment does not bear any contradiction to profit of the family but the husband bound her to giving it up, husband is obliged to compensation under the abuse of right. This compensation includes damages imposed on employer due to giving up the employment by wife.