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Paper Information

Journal:   LAW & POLITICS RESEARCH JOURNAL   SPRING 2010 , Volume 12 , Number 28; Page(s) 113 To 148.
 
Paper: 

CLAUSE NOT TO REMARRIAGE, A STUDY IN JURISPRUDENCE AND LAW

 
 
Author(s):  RAFIEI MOHAMMAD TAQI*
 
* FACULTY OF LAW AND POLITICAL SCIENCE, UNIVERSITY OF MAZANDARAN
 
Abstract: 

The validity of obligation not to marriage for the second time, as a legal act, has always been a controversial dispute between lawyers and Jurisprudences. Some consider this agreement was illegitimate for general deny of right, and oppose with the imperative rules. Others believe that the assurance upon the decline remarriage right by the man is binding. In this study, explaining both perspectives, citing the legal basis and with the emphasis on social interest of family and a modern interpretation of the role of women in the marital life, validity of this provision in the form of a private contract that explicitly does not opposed the law, would be proved for marital terms. Toward the legal effects of this provision, regarding the importance of infraction of this provision and considering the necessity of effective enforcement, the theory of nullity of remarriage is acceptable, and also the theory rescission is not considered without reason.

 
Keyword(s): CLAUSE, CLAUSE IN THE MARRIAGE, REMARRIAGE, VALIDITY AND NULLITY OF REMARRIAGE, RIGHTS OF WIFE
 
 
References: 
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Click to Cite.
APA: Copy

RAFIEI, M. (2010). CLAUSE NOT TO REMARRIAGE, A STUDY IN JURISPRUDENCE AND LAW. LAW & POLITICS RESEARCH JOURNAL, 12(28), 113-148. https://www.sid.ir/en/journal/ViewPaper.aspx?id=273543



Vancouver: Copy

RAFIEI MOHAMMAD TAQI. CLAUSE NOT TO REMARRIAGE, A STUDY IN JURISPRUDENCE AND LAW. LAW & POLITICS RESEARCH JOURNAL. 2010 [cited 2021May14];12(28):113-148. Available from: https://www.sid.ir/en/journal/ViewPaper.aspx?id=273543



IEEE: Copy

RAFIEI, M., 2010. CLAUSE NOT TO REMARRIAGE, A STUDY IN JURISPRUDENCE AND LAW. LAW & POLITICS RESEARCH JOURNAL, [online] 12(28), pp.113-148. Available: https://www.sid.ir/en/journal/ViewPaper.aspx?id=273543.



 
 
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