Find in Library
Search millions of books, articles, and more
Indexed Open Access Databases
Pre-marriage Negotiations; From the Nature to the Legal Effect
oleh: Mohammad Sadeghi
Format: | Article |
---|---|
Diterbitkan: | Imam Sadiq University 2018-11-01 |
Deskripsi
Civil code and related rules (in Iran) have not been substantially regarded the pre-contract obligations and its multiple dimensions. Jurists also have not entered the discussion beyond the legal forum. The main issue in this regard is the nature of pre-marriage negotiations as well as its legal effect with regard to the conditions, prerequisites, obligatory conditions, the promise and the subject of the contract along with the examples of pre-marital negotiations. Since the provisions of the pre-marriage negotiations do not have the same legal value and the guarantee of implementation depends on the manner in which the parties are interacting, the nature of each case should be observed individually. The effect of the conditions on the continuity of the contract is determined independently. Therefore, in case of violation against the provisions of the pre-marriage negotiation, performance guarantees such as validity of contract, right of cancellation and dissolutioncan will be ennacted. However, there are alternative solutions to prevent the dissolution of the marriage contract due to the breach of negotiations.