The Impact of Treating Defects leading to Marriage Dissolution on the Rescission Option

Subject Areas : Private law

Alireza  pouresmaeiili ¹ (دانشگاه سبزوار)
zahra  Keramatitabar ² (دانشگاه سبزوار)

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

Keywords: Rescission of marriage, Option to rescission, Defect treatment, No damage,

Abstract :

The option of marriage rescission is one of the rights that civil law enacts for the couples following Shia jurisprudence and each spouse due to some defects in the other party can rescind the marriage contract. Of course, today with medical achievements, some of the defects that cause marriage rescission are treatable, and following treatment, the person recovers his/her health. However, a question which is raised is whether following the defect or disease treatment, the option to rescission created before the recovery will be abolished or not. To answer this question, there exist two approaches the approach of most precedent Shia jurisprudents who do not think of treatment as abortive of the option to rescission and emphasize the revocation right even after the treatment. In contrast, some current jurisprudents and even some antecedents who have affirmed that through disease recovery, its resulting detriment also ends, and there will be no reason to continue the option to rescission. This paper deals with these two approaches, and regarding civil law condition, evaluates the accuracy of each of these two views.