نوع مقاله : علمی- ترویجی
نویسندگان
1 دانشجوی دکتری فقه و حقوق اسلامی دانشگاه فردوسی مشهد
2 استادیار گروه حقوق دانشگاه شاهد
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسندگان [English]
In view of renowned jurists, concealing defects are considered as the only reason which permits marriage dissolution. In fact they have recognized the following three stipulations: option of defect, unfulfilled condition and concealing defects (deceit) for the termination of the marriage contract. While jurisprudents believe the concealing defect is not the only condition for marriage desolation. Upon searching for the right theory for marriage dissolution the writer while reviewing the view of both groups by citing tradition and logical principle has come to a conclusion that concealing defect alone can't be the mere reason for the annulment of marriage contract and it is solely the explicit defect cited in tradition and unfulfilled conditions that may lead to the nullification of marriage contract. In case of concealing defect if the deceiver is accused of fraudulence and deceit, he/she has to face penalty and civil punishment.
کلیدواژهها [English]
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