A JURISPRUDENTIAL-LEGAL SURVEY ON THE CONDITION OF NON- REMARRIAGE

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RAFII MOHAMMADTAQI

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Journal: Legal Research Year:2010 | Volume:- | Issue:51 Page(s): 215-267

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Information Journal Paper

Title

A JURISPRUDENTIAL-LEGAL SURVEY ON THE CONDITION OF NON- REMARRIAGE

Author(s)

RAFII MOHAMMADTAQI | Issue Writer Certificate

Keywords

CONDITIONQ2

CONDITION OF CONTENTS OF MARRIAGE CONTRACTQ3

REMARRIAGEQ2

THE VALIDITY AND NULLITY OF REMARRIAGEQ3

WOMAN RIGHTSQ3

Abstract

The validity of the CONDITION of non-remarriage, as a legal act, has always been in dispute by the jurisprudents and lawyers. A number of scholars regard this agreement un- lawful, in virtue of deprivation of the right, as a whole, and the opposition to the mandatory rules. Others believe the obligation of waiving of REMARRIAGE's right, by man, is binding. In this article with explanation of the two opinions, with relying on some legal bases, and with emphasis on the social interest of family, and new comment on the woman's role in the common life, the validity of the CONDITION as a private agreement in the conjugal period is proved. With respect to the legal effects of the CONDITION, considering the importance of its violation and with regard to necessity of effective sanction, the theory of nullity of the REMARRIAGE is regarded a cogent argument, although the theory of right of cancellation is not regarded void of reason.

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APA: Copy

RAFII, MOHAMMADTAQI. (2010). A JURISPRUDENTIAL-LEGAL SURVEY ON THE CONDITION OF NON- REMARRIAGE. REVUE DE RECHERCHE JURIDIQUE, -(51), 215-267. SID. https://sid.ir/paper/91842/en

Vancouver: Copy

RAFII MOHAMMADTAQI. A JURISPRUDENTIAL-LEGAL SURVEY ON THE CONDITION OF NON- REMARRIAGE. REVUE DE RECHERCHE JURIDIQUE[Internet]. 2010;-(51):215-267. Available from: https://sid.ir/paper/91842/en

IEEE: Copy

MOHAMMADTAQI RAFII, “A JURISPRUDENTIAL-LEGAL SURVEY ON THE CONDITION OF NON- REMARRIAGE,” REVUE DE RECHERCHE JURIDIQUE, vol. -, no. 51, pp. 215–267, 2010, [Online]. Available: https://sid.ir/paper/91842/en

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