Private Law
Sajjad Hasani
Abstract
Marriage is one of the contracts in which the rules regarding the conditions of the contract are current. Therefore, the conditions of the marriage contract have the same characteristics as stipulated in the general rulings. According to famous jurists, some of these conditions are correct and some are ...
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Marriage is one of the contracts in which the rules regarding the conditions of the contract are current. Therefore, the conditions of the marriage contract have the same characteristics as stipulated in the general rulings. According to famous jurists, some of these conditions are correct and some are invalid. Some of these terms are disputed. In addition to examining the conditions included in the marriage contract, this research has examined and analyzed the controversial cases of the conditions included in the marriage contract from the perspective of Imamia and famous jurists. Some of these disputed conditions are: the condition of couples not remarrying, the condition of choosing housing and residence, the condition of having a special trait in one of the couples. The majority of jurists and jurists consider marriage and privacy to be the essence of marriage. But in many cases, there is a difference of opinion between them due to the conditions contrary to the nature of the contract. According to various aspects, it can be believed that Qadr Motaqeen considered all these marriage issues as necessary for the nature of marriage and agreed. And enjoyment, resolution, etc. are among the effects of the marriage contract, although sometimes, according to the belief of some jurists, it is introduced as a requirement of the nature of marriage. On the other hand, it should be checked that if the couple reaches an agreement contrary to the nature of the contract, what will be the condition and principle of the contract, in other words, it is both a condition and a condition. Is the contract invalid or only the condition is invalid and the principle of the contract is correct? . In the current research, while proving the ineligibility of such conditions, objective and practical examples have been pointed out and the unfortunate examples resulting from them have been mentioned based on the descriptive-analytical method
