Legitimacy of construction condition in marriage contract from the point of view of jurisprudence and law

Subject Areas :

Abdolkarim Najaf Dokht ¹ , Saeed Hasanzadeh Delghosha ² , yaghoub pourjamal ³

1 - Azad university of Tabriz
2 - Assistant Professor, Islamic Azad University,Tabriz Branch,Tabriz, Iran
3 - jurisprudence,law,azad University,tabriz,iran

Received: 2022-12-11 Accepted : 2023-02-18 Published : 2023-05-22

Keywords: Contract, Option, Termination, construction condition,

Abstract :

There is a difference in the validity and legitimacy of the condition agreed upon before the contract, which is called collusive or construction condition. A constructive condition is a condition that is not stated verbally in the contract, but there is a prior agreement on it, and the opinion of the contracting parties is taken into account during the contract. Jurists disagree about a condition that is not mentioned in the contract, but the contract was concluded based on it, whether the discovery of a violation of the condition after the contract gives rise to the right of rescission. The jurists almost unanimously consider such conditions invalid; So that there is even a claim of consensus on the invalidity of the previous conditions in the marriage contract. On the other hand, some jurists have considered the occurrence of a marriage contract based on a condition without its explicit mention in the contract as a reason for annulment.‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬‬In Iran's law, the legislator has not followed the jurists' point of view and has accepted the building condition in the marriage contract and considered it valid, and by establishing articles 1113 and 1128 of the Civil Code, it has considered the building condition to be valid and legitimate, and in case of violation, it is subject to probation. Leh has the right of termination.