Juridical Investigation on the Role of Prehension in possession of wife on dowry

Abstract

Most jurists believe that the wife upon marriage, is the owner of dowry and she is allowed to seal all types of dispossession. But sometimes the wife doesn’t receive her dowry; now the problem is that whether she is allowed any possession when she has not obtained her dowry? This problem has been proposed in juridical books, and the issue led to the assumption of some jurists citing reasons to her unjustifiability of possessions. This investigation has been done for the purpose of clarifying and reviewing the mentioned issue. The authors of the study, using descriptive and analyzing methods, and research on the terms used by jurists and their reasons and after categorizing all kinds of wife possessions in dowry, found the generalizations of this claim unwarranted and only in “EYNI” contracts that one of the sides of contract is not the husband, that the wife is allowed to take the dowry. But in wife’s absolute possessions to husband as well as non- “EYNI contracts” in relation to the person which is not her husband, taking dowry has no role and her possession is allowed. The reasons for this issue are initial regulations and general reasons for optionality of owner possession in her/his assets and specialist out of the failure to receive a dowry from reasons of interdiction of owner from possession before taking that asset.

Keywords

• dowry
• wife
• possession
• prehension
• marriage contract