An analysis of the Methods of Marriage Contract Cancellation
Subject Areas : Journal of Law and PoliticsDr. Mohammad Reza Chavoshiha 1
1 - ندارد
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Abstract :
Development of the legal rules pertaining to the cancellation of contract for marriage underthe Iranian law has been influenced by both the religious opinions of the Islamic juristsand the doctrine generated by legal scholars. The latter is distinguishable by its efforts toaccommodate for the current needs of the society. Neither of the two sources can be its duecredit, but what should always be borne in mind is the original reason for which cancellationof marriage was primarily introduced. The reasons which entitle a person to opt out ofa contract for marriage, regardless of whether they have been expressly enumerated by theshiite Imams or explained in general terms by them, could not be changed. Hence, eventhough some of the diseases that would have given such a right to the other party could nowbe easily cured, this medical development could not deprive that party of his or her rightto terminate the relationship.Changes in this regard could be justified through expressing contractual terms whichin case of noncompliance with the description would result in an option to terminate. Inthis manner the option could be extended to new diseases. As to diseases that could nowbe easily cured in a manner that they would have no effect on the marriage relationship,jurists such as Dr. Mohaghegh Damad have tried to use principles such as the principle ofla zarar,the principle of la haraj, the principle of misrepresentation(‘’ghorur ‘’), option fordeception and option for nonocompliance in order to find a solution. Using the principle ofla zarar seems to have many advantages . This is the best way to change the scope for whichthe right to terminate the marriage contract has been foreseen. Thus, not only could thisright be extended to new diseases, in case of those diseases that are now easily curable,the right could be revoked.
