The Judiciarys Law Journal

The Judiciarys Law Journal

Formulation and revocation of marriage contract with the condition of corollary

Document Type : Research/Original/Regular Article

Authors
1 judge of justice .PhD student of Private Law Department, Tabriz Branch, Islamic Azad University, Tabriz, Iran
2 Assistant Professor, Department of Law, Tabriz Branch, Islamic Azad University, Tabriz, Iran
10.22106/jlj.2024.2041595.6050
Abstract
Using the article 234 of the civil code which states, "... condition of corollary is conditioning something to take place outside..." and considering the other rules indicate that the condition of corollary must be formulated in the form of composition. Therefore, legal scholars believe that, in principle, the formulation or revocation of marriage contract which is special cannot be the subject of condition of corollary. Meanwhile, this exploration among legal scholars does not have a regulation and juridical investigations indicate that supreme jurists believe that formulation and revocation of marriage contract cannot be belonging to the condition of corollary. However, it seems that most of the previous literature is not firm enough. Therefore, this study, using descriptive-analytical method, assesses the feasibility of formulation and revocation of marriage contract in the form of mentioned condition considering the various kinds of mentioned contract, different predicted series of ways to breach it, and referring to suspension mechanism, with separating the notions of condition of voidable result and composition of mentioned legal enforcement which is definitive. By providing modern analyses, it also infers the feasibility of formulation and revocation of marriage contract with the mentioned condition.
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Volume 89, Issue 129
Spring 2025
Pages 33-51

  • Receive Date 20 September 2024
  • Revise Date 22 October 2024
  • Accept Date 19 November 2024
  • First Publish Date 22 May 2025
  • Publish Date 22 May 2025