Rulings Related to Conditions Contrary to Marriage Requirements from the Perspective of Comparative Jurisprudence

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Hoseini Mir Safi Seyedeh Fatemeh

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Journal: FIGHE MOQARAN Year:2020 | Volume:7 | Issue:14 Page(s): 219-244

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Information Journal Paper

Title

Rulings Related to Conditions Contrary to Marriage Requirements from the Perspective of Comparative Jurisprudence

Author(s)

Hoseini Mir Safi Seyedeh Fatemeh | Issue Writer Certificate

Keywords

Contract

Condition

By Contract Condition

Required

Requirements of Contract

Contrary to Requirements of Contract

Abstract

Condition in jurisprudential terms is a subordinate obligation that the parties make. From the viewpoint of jurists, a Condition is necessary to be fulfilled which is stated in the text of the Contract, and that Condition is called a by Contract Condition. In a by Contract Condition, specific attributes, doing or lack of doing an action or the result of something is Required from the other party. Since the Condition of the marriage has been confirmed in the same way as the marriage Contract itself, it has been considered to be valid for such Condition and to have its effects and ordinances as well as its validity or inaccuracy. The Condition is divided into two parts, the correct and the void, in terms of whether or not the General Terms and Conditions are valid. Sometimes, if the general terms and Conditions do not meet the accuracy of the Condition, the Contract is also void. In this article, requirements of the Contract, and as a result the Conditions which are opposed to the Contract’ s requirement-which nullify the Contract from the viewpoint of most jurists-will be analyzed from the viewpoint of Imami and Sunni Jurisprudents.

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APA: Copy

Hoseini Mir Safi, Seyedeh Fatemeh. (2020). Rulings Related to Conditions Contrary to Marriage Requirements from the Perspective of Comparative Jurisprudence. FIGHE MOQARAN, 7(14 ), 219-244. SID. https://sid.ir/paper/267056/en

Vancouver: Copy

Hoseini Mir Safi Seyedeh Fatemeh. Rulings Related to Conditions Contrary to Marriage Requirements from the Perspective of Comparative Jurisprudence. FIGHE MOQARAN[Internet]. 2020;7(14 ):219-244. Available from: https://sid.ir/paper/267056/en

IEEE: Copy

Seyedeh Fatemeh Hoseini Mir Safi, “Rulings Related to Conditions Contrary to Marriage Requirements from the Perspective of Comparative Jurisprudence,” FIGHE MOQARAN, vol. 7, no. 14 , pp. 219–244, 2020, [Online]. Available: https://sid.ir/paper/267056/en

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