نوع مقاله : علمی - پژوهشی
نویسنده
استادیار حقوق، دانشکده مدیریت، دانشگاه صنعتی شاهرود، شاهرود، ایران.
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
Remarriage has been approved in Iran's jurisprudence and legal system, but its acceptance in the social customs of Iranian society has faced doubts and has created many problems and challenges. Undoubtedly, if there is no solution for the mentioned challenges, personal, social, cultural and economic consequences will follow. This has encouraged the wife to benefit to the condition of not remarrying in the marriage document. Despite this, the validity of the mentioned condition has been damaged and there is a difference of opinion regarding the guarantee of the violation of the condition. The author believes that the mentioned condition is correct in certain circumstances. The dimensions of psychology and the principle of fairness prove that in the same way that the husband has the right to remarry, the wife also has the authority to limit the remarriage of the husband by using the mentioned condition in the correct legal form. The main root of the disputes is the lack of correct methodology and the lack of guarantee of implementation of the violation of the condition of abandoning the legal act in the country's laws. What is important is to explain the desired performance guarantee in a suitable way in such a way that the rights of all around are preserved. According to the findings of the present research, it seems that considering the many dimensions of the marriage contract, the interdisciplinary methodology is preferable and from the legal point of view, in case of violation of the condition, Second marriage according to the opinion of the first wife is invalid and cannot be invoked and it is necessary to amend the existing laws.
کلیدواژهها [English]
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