Legal Effects of Third Party's Commitment to Pay Dowry

Subject Areas : Private law

Ali Tavalaei ¹ (دانشگاه یزد)
Ramin Poursaeed ² (پیام نور تهران)
Mohammadyar Arshadi ³ (پیام نور تهران)
Abdolrasou Dayani ⁴ (پیام نور تهران)
azam ebrahimi ⁵ (پیام نور تهران)

Received: 2017-05-02 Accepted : 2017-05-02 Published : 2017-05-02

Keywords: Dowry, Party's commitment, Dissolution of marriage, Right of lien, Adjusted dowry,

Abstract :

In marriage the husband is obliged to give money as dowry to the woman or to take it as a commitment. There is no legal reason that the dowry shall be the property of the husband. So someone other than husband can give or be obligated to pay dowry. Party's commitment to pay the dowry involves several legal effects. The basic question in this context is that the commitment of third party is equal to pay dowry by husband himself or it is different? There are many similarities between the two cases, but in dissolution of the marriage commitment and the right of lien, some differences are seen. This article surveys these differences in Imamiyah jurisprudence with emphasizing on Iran's civil law.