The Legal-Jurisprudential Analysis of the Enforcement Mechanism for the Conditioned Subject of a Marriage Contract Becoming the Right of a Third Party

Ghanizadeh, Mahdiyeh; Masjedsaraie, Hamid

doi:10.30497/flj.2025.248485.2201

The Legal-Jurisprudential Analysis of the Enforcement Mechanism for the Conditioned Subject of a Marriage Contract Becoming the Right of a Third Party

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Document Type : Scholarly Article

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10.30497/flj.2025.248485.2201

Abstract

The stipulations embedded within a marriage contract are among essential jurisprudential-legal tools for safeguarding the rights of the spouses. One key challenge in this regard is examining the enforcement mechanism in cases where the performance of a stipulation becomes impossible due to the subject of the condition being revealed, after the marriage, to belong to a third party.

The main research question is: If the husband, within the marriage contract, commits to transferring ownership of a specific property to his wife, but after the marriage it is discovered that the conditioned subject is legally owned by a third party and its execution is impossible—what is the enforcement mechanism for such a condition?

This issue is a point of contention among jurists and legal scholars. Some have remained silent on the enforceability of such a condition within the marriage contract, while others who have addressed it hold opposing views. Some argue that such a condition, when fulfillment becomes impossible, lacks enforceability. Others believe the impossibility invalidates the contract or grants the conditioned party the right to annul it.

Given the practical relevance of the issue and lack of thorough analysis by previous researchers, the article adopts a descriptive-analytical method. It examines views of jurists from both Sunni and Shia schools, presents arguments of both sides, and critically evaluates them.

The findings suggest a novel perspective: in cases where the condition becomes impossible due to the subject being rightful property of another, it is possible to argue for the necessity of paying the equivalent of the conditioned subject. Although this view has n

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