ذاتية الضرر الادبي الناتج عن هجر الزوجة (دراسة تحليلية)

Abstract

The issue of non-pecuniary damage which effects the wife is one of the important and vital topics of the frequency of frequency in practice and the frequency of occurrence due to arbitrariness of some couples in harming their wives by abandonment of illegal abandonment without reason or worthy reason of abandonment and arbitrariness in its use and leave it as dependent on the same husband and live her married life like her equivalents or like nor is she entitled to marry another man to obtain her right to satisfy her needs for these reasons. The subject of abuse of the husband in the use of his right to abandonment and the consequent literary harm to the wife is one of the most important legal issues.The legislation of the national legislation, especially where the Iraqi legislator neglected to regulate this issue, which led to a legislative vacuum lost with the rights of many wives, which prevents shyness in addition to the vacuum of the prosecution and claim their rights and even when the establishment of the judge difficult to access the appropriate provision of the absence of legal provision that supports which led to the hesitation of the judiciary and the fluctuation of its rulings between acceptance and refusal, considering the harm caused by abandonment as a form of non-pecuniary damage e deserves compensation for it, since this abandonment deprived her of rights that are considered essential. Her right to enjoy the enjoyment of life, which is considered the most important marriage so it was necessary to address this subject research and depth and study all aspects to give it the appropriate importance to him.