CHECK THE CONDITION OF CHOICE IN THE MARRIAGE IN JURISPRUDENCE

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SARKHOSH JAVAD; ATAEI MARYAM

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Journal: PRIVATE LAW STUDIES Year:2019 | Volume:49 | Issue:2 Page(s): 301-310

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Title

CHECK THE CONDITION OF CHOICE IN THE MARRIAGE IN JURISPRUDENCE

Author(s)

SARKHOSH JAVAD | ATAEI MARYAM | Issue Writer Certificate

Keywords

MarriageQ1

Nullification of MarriageQ1

Condition of ChoiceQ2

Condition of Option in MarriageQ1

NullificationQ1

Abstract

Condition of Choice is one of the terms of binding contracts as Marriage is a binding contract. The question that arises here is whether condition of option of Marriage contract is right. In case the term is rendered invalid, is the contract repudiated? In the Article 1069 of Civil Code, the Nullification of the term of the contract is ordered, and scholars have long agreed to nullify the term; however, the status of the contract is drawn into dispute. In verses and narrations, there is no reason for nullifying or validating optional Marriage and condition of option involving it. The entire evidence mentioned in this regard is efforts made by scholars. Most lawyers have followed the ideas and reasons of jurists in this context. In this paper, an effort was made to review the ideas and arguments on the answer to this question. In the end, due to lack of a definite cause to nullify the terms, the validity of the terms and contract was upheld.

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APA: Copy

SARKHOSH, JAVAD, & ATAEI, MARYAM. (2019). CHECK THE CONDITION OF CHOICE IN THE MARRIAGE IN JURISPRUDENCE. PRIVATE LAW STUDIES, 49(2 ), 301-310. SID. https://sid.ir/paper/125074/en

Vancouver: Copy

SARKHOSH JAVAD, ATAEI MARYAM. CHECK THE CONDITION OF CHOICE IN THE MARRIAGE IN JURISPRUDENCE. PRIVATE LAW STUDIES[Internet]. 2019;49(2 ):301-310. Available from: https://sid.ir/paper/125074/en

IEEE: Copy

JAVAD SARKHOSH, and MARYAM ATAEI, “CHECK THE CONDITION OF CHOICE IN THE MARRIAGE IN JURISPRUDENCE,” PRIVATE LAW STUDIES, vol. 49, no. 2 , pp. 301–310, 2019, [Online]. Available: https://sid.ir/paper/125074/en

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