نوع مقاله : پژوهشی
موضوعات
عنوان مقاله English
نویسندگان English
In the Iranian legal system, according to Article 1043 of the Civil Code, the marriage of a virgin girl is contingent upon the consent of her father or paternal grandfather. In Imamiyeh jurisprudence, there are seven views on this issue, with the Civil Code adopting one of them. Given the importance of the matter, a question arises regarding the legal consequences of a marriage conducted without the natural guardian’s consent. Some argue that such a marriage is non-enforceable, while others assert that the marriage is valid but carries a legal obligation for the natural guardian’s consent. In this research, by reconciling the rights of both parties (i.e. as much as possible, combining two or more conflicting reasons and applying them is better than discarding one or both of them) and considering the undesirable consequences that declaring the contract void might bring, the conclusion reached is that the marriage of a virgin girl without the natural guardian’s consent, which faces obstacles to the continuation of the contract, is valid and requires the consideration of the father’s or paternal grandfather’s permission. If the consent is not granted, the marriage is annulled from the moment the natural guardian’s refusal or failure to consent occurs. However, if the obstacle, such as the death of the father or paternal grandfather, is removed prior to the granting or refusal of consent, the marriage retains its legal validity.
کلیدواژهها English