EFFECT OF NULLITY OF MARRIAGE ON CONDITION OF INDEPENDENT (JUSTIFICATION AND ANALYSIS OF LEGAL PROCEDURE)

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QASEMZADEH SEYED MORTEZA; GHORBANI JOUYBARI MOHAMMAD

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Title

EFFECT OF NULLITY OF MARRIAGE ON CONDITION OF INDEPENDENT (JUSTIFICATION AND ANALYSIS OF LEGAL PROCEDURE)

Author(s)

QASEMZADEH SEYED MORTEZA | GHORBANI JOUYBARI MOHAMMAD | Issue Writer Certificate

Keywords

MARRIAGE CONDITIONQ1

DEPENDENT CONDITIONQ1

INDEPENDENT CONDITIONQ1

VOID MARRIAGEQ1

LEGAL PROCEDUREQ1

Abstract

Based on Articles 232 and 246 of Iranian Civil Code, issues relating to contract terms and conditions in the Code are provided in accordance with dependent terms. Based on the famous theory, in the event of void contract, its contract terms are also void, since the creation and validity of contract terms depend on the underlying contract. While separating contract terms into independent and dependent terms shows the consistency of the famous theory with dependent terms, it is possible to consider different rules and legal consequences for independent terms due to its nature, even if the contract is regarded as a void contract. In other words, there are cases in which the underlying contract is void, but its independent term (s) is valid and enforceable. This approach accords with the class file 9109981810200850, confirming the initial judgment, and it was accepted by the Supreme Court based on the Principle of 161 of the Constitution. This issue is analysed in this article.

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APA: Copy

QASEMZADEH, SEYED MORTEZA, & GHORBANI JOUYBARI, MOHAMMAD. (2018). EFFECT OF NULLITY OF MARRIAGE ON CONDITION OF INDEPENDENT (JUSTIFICATION AND ANALYSIS OF LEGAL PROCEDURE). PRIVATE LAW, 6(22 ), 115-137. SID. https://sid.ir/paper/252676/en

Vancouver: Copy

QASEMZADEH SEYED MORTEZA, GHORBANI JOUYBARI MOHAMMAD. EFFECT OF NULLITY OF MARRIAGE ON CONDITION OF INDEPENDENT (JUSTIFICATION AND ANALYSIS OF LEGAL PROCEDURE). PRIVATE LAW[Internet]. 2018;6(22 ):115-137. Available from: https://sid.ir/paper/252676/en

IEEE: Copy

SEYED MORTEZA QASEMZADEH, and MOHAMMAD GHORBANI JOUYBARI, “EFFECT OF NULLITY OF MARRIAGE ON CONDITION OF INDEPENDENT (JUSTIFICATION AND ANALYSIS OF LEGAL PROCEDURE),” PRIVATE LAW, vol. 6, no. 22 , pp. 115–137, 2018, [Online]. Available: https://sid.ir/paper/252676/en

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