THE LEGAL STATUS OF THE CONDITION OF THE LACK OF ALIMONY IN PERMANENT MARRIAGE

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IZADI FARD ALI AKBAR; MOHSENI DEHKALANI M.; ADABI FIROUZJAEI RAZAQ

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Journal: CIVIL JURISPRUDENCE DOCTRINES Year:2014 | Volume:- | Issue:8 Page(s): 3-26

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Title

THE LEGAL STATUS OF THE CONDITION OF THE LACK OF ALIMONY IN PERMANENT MARRIAGE

Author(s)

IZADI FARD ALI AKBAR | MOHSENI DEHKALANI M. | ADABI FIROUZJAEI RAZAQ | Issue Writer Certificate

Keywords

STIPULATION OF THE WAIVERING OF THE ALIMONYQ2

LACK OF ALIMONYQ2

RIGHT AND DECREEQ2

IMPERATIVE LAWQ2

Abstract

In accordance to the Article 1106 of the Civil Code, the husband is responsible for the alimony of wife in permanent marriage. The outstanding jurists and lawyers have regarded "the demand of the marriage", "the order of the lawgiver for the obligation of the husband", "non-permissibility of the ordinance of alimony" and "being imperative the law of alimony" as the documentations of this requirement. Thus, they regarded the STIPULATION OF THE WAIVERING OF THE ALIMONY in permanent marriage as the stipulation against the demand of the marriage, and against divine law and also as an application for the rule of "waivering the thing that is not required" which is inconsistent with the nature of alimony as being decree and its rule being as an imperative one. However, those who believe that such a condition is invalid are disagree about in other aspect and some consider the contract to be void (invalidating condition) and most of them believe that the contract is not void (invalid condition is not invalidating). Dismissing the arguments of those who believe in the voiding of this condition and providing some justifications for the correctness of this theory based on the rule of sovereignty of the will as a rational-religious rule, this article concludes the correctness of such a condition.

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APA: Copy

IZADI FARD, ALI AKBAR, MOHSENI DEHKALANI, M., & ADABI FIROUZJAEI, RAZAQ. (2014). THE LEGAL STATUS OF THE CONDITION OF THE LACK OF ALIMONY IN PERMANENT MARRIAGE. CIVIL JURISPRUDENCE DOCTRINES, -(8), 3-26. SID. https://sid.ir/paper/227186/en

Vancouver: Copy

IZADI FARD ALI AKBAR, MOHSENI DEHKALANI M., ADABI FIROUZJAEI RAZAQ. THE LEGAL STATUS OF THE CONDITION OF THE LACK OF ALIMONY IN PERMANENT MARRIAGE. CIVIL JURISPRUDENCE DOCTRINES[Internet]. 2014;-(8):3-26. Available from: https://sid.ir/paper/227186/en

IEEE: Copy

ALI AKBAR IZADI FARD, M. MOHSENI DEHKALANI, and RAZAQ ADABI FIROUZJAEI, “THE LEGAL STATUS OF THE CONDITION OF THE LACK OF ALIMONY IN PERMANENT MARRIAGE,” CIVIL JURISPRUDENCE DOCTRINES, vol. -, no. 8, pp. 3–26, 2014, [Online]. Available: https://sid.ir/paper/227186/en

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