Misrepresentation in Marriage Contract with Emphasizing on New Instances in Light of Scientific and Medical Advances

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Safarkhani Mohaddeseh; SALEHI SEYED MAHDI; Nikkhah Sarnaghi Reza

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Journal Paper

Paper Information

Journal: ISLAMIC LAW AND JURISPRUDENCE STUDIES Year:2021 | Volume:12 | Issue:23 Page(s): 181-210

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Information Journal Paper

Title

Misrepresentation in Marriage Contract with Emphasizing on New Instances in Light of Scientific and Medical Advances

Author(s)

Safarkhani Mohaddeseh | SALEHI SEYED MAHDI | Nikkhah Sarnaghi Reza | Issue Writer Certificate

Keywords

misrepresentationQ1

deceptionQ1

marriage contractQ1

instances of misrepresentationQ2

right to terminateQ1

marriage portionQ1

Abstract

Most jurisprudential sources address misrepresentation or deception (Tadlis) in marriage contracts and elaborate on its instances. On the contrary, the Civil Code does not touch upon the option of deceit in the marriage contract and offers nothing in regards to its instances and effects. Therefore, this paper first examined. the jurisprudential and legal senses of misrepresentation, and then investigated the conditions and elements of misrepresentation. It was revealed that misrepresentation only requires external/objective elements (actus reus), not mental elements (mens rea). Afterward, a number of old and new instances of misrepresentation were examined considering modern developments in science. Some instances fell beyond and some fell within the scope of misrepresentation. In terms of misrepresentation effects, the effects were positive both during the engagement and when the marriage contract is signed, and the party committing misrepresentation assumes criminal liabilities as well as civil ones.

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APA: Copy

Safarkhani, Mohaddeseh, SALEHI, SEYED MAHDI, & Nikkhah Sarnaghi, Reza. (2021). Misrepresentation in Marriage Contract with Emphasizing on New Instances in Light of Scientific and Medical Advances. ISLAMIC LAW AND JURISPRUDENCE STUDIES, 12(23 ), 181-210. SID. https://sid.ir/paper/387329/en

Vancouver: Copy

Safarkhani Mohaddeseh, SALEHI SEYED MAHDI, Nikkhah Sarnaghi Reza. Misrepresentation in Marriage Contract with Emphasizing on New Instances in Light of Scientific and Medical Advances. ISLAMIC LAW AND JURISPRUDENCE STUDIES[Internet]. 2021;12(23 ):181-210. Available from: https://sid.ir/paper/387329/en

IEEE: Copy

Mohaddeseh Safarkhani, SEYED MAHDI SALEHI, and Reza Nikkhah Sarnaghi, “Misrepresentation in Marriage Contract with Emphasizing on New Instances in Light of Scientific and Medical Advances,” ISLAMIC LAW AND JURISPRUDENCE STUDIES, vol. 12, no. 23 , pp. 181–210, 2021, [Online]. Available: https://sid.ir/paper/387329/en

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