Conflict of Interest in the Prohibition of the Wife’s Employment

Abstract

The present study examines the issue of conflict of interest in the husband's prohibition of the wife's employment. According to Article 1117 of the Civil Code, a husband may prevent his wife from engaging in a profession or industry that is contrary to the interests of the family or the dignity of himself or his wife. However, the implementation of Article 1117 of the Civil Code in certain cases suggests a potential conflict of interest, such that it raises the concern that a husband might exploit the right granted to him under this article to act beyond its intended scope and misuse it for his own personal benefit. The primary question of this study is: In the event that a conflict of interest arises in connection with the application of Article 1117 of the Civil Code, against whom does the husband bear civil liability? The preliminary response that comes to mind is that the husband appears to be liable not only to the wife but also to third parties, provided that the three essential elements of civil liability are established. This study, using a descriptive-analytical method, seeks to assess the relationship between conflict of interest and the husband's prohibition of the wife's employment. It aims to examine the civil liability of the husband in preventing his wife from working in light of the existence of a conflict of interest, and to explain the resulting legal effects and implications.