Misrepresentation in Marriage Contract with Emphasizing on New Instances in Light of Scientific and Medical Advances

Abstract

Most jurisprudential sources address misrepresentation or deception (Tadlis) in marriage contracts and elaborate on its instances. On the contrary, the Civil Code does not touch upon the option of deceit in the marriage contract and offers nothing in regards to its instances and effects. Therefore, this paper first examined. the jurisprudential and legal senses of misrepresentation, and then investigated the conditions and elements of misrepresentation. It was revealed that misrepresentation only requires external/objective elements (actus reus), not mental elements (mens rea). Afterward, a number of old and new instances of misrepresentation were examined considering modern developments in science. Some instances fell beyond and some fell within the scope of misrepresentation. In terms of misrepresentation effects, the effects were positive both during the engagement and when the marriage contract is signed, and the party committing misrepresentation assumes criminal liabilities as well as civil ones.

Keywords

• misrepresentation/deception
• marriage contract
• instances of misrepresentation
• right to terminate
• marriage portion