Scope of Validity and the Effect of Guarantee for Wife's Future Alimony

Subject Areas : فصلنامه مطالعات میان رشته ای فقه

Shokrollah  Nikvand ¹ (Assistant Professor of the Department of Law, VaraminBranch, Islamic Azad University,Tehran , Iran.)
Hosein  jalali ² (Assistant Professor of Law, Faculty of Law and Political Science , Karaj Branch , Islamic Azad University, Alborz, Iran.)

Received: 2021-01-05 Accepted : 2021-01-19 Published : 2021-02-19

Keywords: Guarantee, cession of debt, wife's alimony,

Abstract :

AbstractContracts of guarantee and marriage have special and exceptional features in comparison with other contracts and the issue of the wife's alimony guarantee has a combination of features of both contracts and the annulment or authenticity of this guarantee and its effect is questionable.One of the conditions for the authenticity of guarantee contract is the existence of debt or object of transaction and according to Article 691 of the civil code, the existence of debt cause is sufficient for the authenticity of guarantee.Some lawyers believe that a husband can be guaranteed by wife's future alimony because the marriage contract causes the husband's debt to wife's future alimony.The effect of the guarantee contract in Iran's civil code is the cession of debt but the wife's future alimony has features that distinguish it from other forms of debts. The husband's obligation to alimony is related to other obligations of spouses, such as good relations, common habitation and submission and these obligations are not transferable.Guaranty for the husband on wife's future alimony cannot have the effect of the guarantee contract and the cession of debt and the obligation of husband about alimony will not be wasted but by virtue of the implicit condition and the custom if the husband doesn’t pay alimony, it can be claimed from the guarantor.