نوع مقاله : پژوهشی
1 استادیار گروه حقوق تجارت بینالملل و حقوق مالکیت فکری و فضای مجازی، دانشکدۀ حقوق، دانشگاه شهید بهشتی، تهران، ایران
2 دانشجوی دکتری حقوق خصوصی، دانشکدۀ حقوق و علوم سیاسی، دانشگاه خوارزمی، تهران، ایران
عنوان مقاله [English]
The effectiveness of the family law, depends on its efficiency in the society. Any incompatibility of the social and legal system governing the family, will prevent this from being carried out. This damage, which can be observed right now in our legal system, is due to factors that wrong way of enacting the law is the main element among them. It seems that attention to reality and the study of social studies in a scientific manner, can increase the effectiveness of family law and bring it closer to its main goal. Sociological and historical studies can be leading in this regard. For this reason, we have first provided the historical data needed for this analysis by stating the legislative process in the field of family law, from the constitutional period to the present. The main purpose of this article is to try to provide a solution to increase the effectiveness of the law, and in view of the historical experiences described, we will briefly introduce and propose the "empirical study of law" for this purpose.