Freedom of Will in Making a Termination Clause in Marriage

Abstract

Although the jurisprudents of the Imamiah and consequently the civil code have forged and drived out a termination clause in the marriage contract from the autonomy of the parties’ will but the above view on the Imamiah and Iranian law conflicts with reasons and rules relating to the parties’ freedom of will in marriage contract in making a termination clause. According to the rules relating to the will of the parties of contract making a termination clause in all binding and also bilateral contracts is possible, so that some of the jurisprudents have known the making a termination clause in binding and bilateral contracts as a rule and since the marriage contract is considered one of the binding and also bilateral contracts, then the making a termination clause shouldn’t be considered void. Recent research have accepted the theory of validity of making a termination clause in marriage in resolving this conflict and it have proposed and overcome the bugs while critically revising the reasons and rules relating to termination clause by a descriptive method and with a library citation tool and it have suggested the amendment of civil codes’ articles.

Keywords

• contract
• clause
• freedom of will
• marriage
• termination