Comparison of Dissolution of Marriage Due to the Establishment of Consensual Consent after Marriage in Iranian and Egyptian Law

Subject Areas : Political and International Researches Quarterly

Hajar Moshayedi ¹ , MohammadBagher Ameri Nia ² , Ali Pour Javaheri ³

1 - PhD student in private law, Faculty of Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran
2 - Assistant Professor of Fiqh and Fundamentals of Islamic Law, Faculty of Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran: Corresponding Author
3 - Assistant Professor of Fiqh and Fundamentals of Islamic Law, Faculty of Law, Yasouj Branch, Islamic Azad University, Yasouj, Iran

Received: 2022-07-30 Accepted : 2022-07-30 Published : 2022-08-23

Keywords: Dissolution and Marriage, Consensual Consent, Uterine Rent, Egg and Embryo and Sperm,

Abstract :

The annulment of marriage means that the marriage contract that was first correctly concluded is destroyed without the intention and will of the parties and according to the law; Therefore, the annulment of the marriage contract is a forced dissolution, which means that the marriage contract is automatically dissolved without the need for another legal action, and it does not leave the right of choice for the court and the parties to the contract, which, in the assumption of discussion, to establish a foster relationship after the marriage contract. Whether it is caused by breastfeeding, whether it is caused by renting a uterus, or receiving sperm, egg, or fetus, like other cases of annulment of the marriage contract, it causes the forced dissolution of the contract from the date of occurrence; Because the philosophy of banning maternal sexual immorality, which means the growth of flesh and the strengthening of bones, also exists in the case of the mother who owns the womb.