Re-Examining Three Theories Presented by Jurisprudents on the Nature of Matrimony Contract and the Effects of Views on Marriage Issue

Q: How can I download an article?

To download an article from SID, first log in to the site, search for the article title, and click on the 'Download Article' option.

Q: How can I download an ISI article?

To download an ISI article on SID, enter the keyword or article title in the search bar, view the relevant results, click on the desired article, and select the 'Download Article' option.

Q: How can I access the SID database?

To access the SID database, visit SID.ir, create an account, and log in to access scientific resources.

Q: Is downloading articles from SID free?

Some articles on SID are available for free, while others require payment. Details are specified on the article's page.

Amirzadeh jirkoli Mansour

Educational Videos and Scientific Workshops

Scientific Information Database

ISSN: 2588-4824

Journal Paper

Paper Information

Journal: Family Law and Jurisprudence Journal Year:2023 | Volume:28 | Issue:79 Page(s): 109-137

Download Full-Text

Persian Verion

View:

208

Download:

Cites:

Information Journal Paper

Title

Re-Examining Three Theories Presented by Jurisprudents on the Nature of Matrimony Contract and the Effects of Views on Marriage Issue

Author(s)

Amirzadeh jirkoli Mansour | Issue Writer Certificate

Keywords

nature of matrimony contractQ4

mutual interest contractQ4

non-mutual interest contractQ4

semi-mutual interest contractQ4

partnership contractQ4

freedom of willQ4

judicial necessityQ4

Abstract

One of the main issues on matrimony contract is the nature of this contract. Three well-known theories have presented among Shi’a jurisprudents, and even Jurists in this regard. While some jurisprudents consider it as mutual interest contract, some others consider it as non-mutual interest contract. However, the great men, such as Na’eini, knew it semi-mutual interest nature. Also, some jurists describe it as partnership contract. The writer argues that it is a “special contract”. It seems that the differences between these theories are rooted in various aspects of marriage, i. e. contractual aspect and devotional and ethical aspect. The purpose of this research is to critically examine the above-mentioned theories. In this regard, first the theoretical bases of these theories are examined, then the effect of these views on certain marriage issues such as “contract by conduct”, “The wife’s right of lien”, and “option of cancellation of marriage” has been studied by descriptive-analytical method and by collecting data from library. The most important findings are the following: matrimony is not a mutual interest contract, it is a “special contract”. Those who believe in the former do not exercise the decrees related to most marriage related issues including contract by deed, and means of marriage cancellation. The legislation of the wife’s right of lien, affected by the famous theory by Shi’a jurisprudents on the nature of matrimony contract, considers it a mutual interest contract.

Cites

No record.

References

No record.

Cite

Related Journal Papers

No record.

Related Seminar Papers

No record.

Related Plans

No record.

Recommended Workshops

Download

Move to top

وبگردی