The Effectiveness of Contractual Freedom to the Choice of Partner

Abstract

Family is the simplest human society. Some part of its construction is involuntary; no one chooses his/her parents. But when it is time to accompany with a partner, "the freedom to choose" plays a key role: whether to choose marriage itself or to choose a specific partner. The authors aim to scrutiny the legitimacy of contracts regarding restriction, prohibition or compulsion of marriage. There is a famous legal maxim which states that: "In family law, the regulations are imperative and no one can compromise unlike them". This paper is to verify this general claim regarding contractual freedom in marriage.

Keywords

• ازدواج مجدد، آزادی اراده، سلب حق و قرار داد.