Compensation for termination of marriage on the wife

Abstract

Under Articles 1121, 1122, and 1128 of the Civil Code, the legislature has granted the wife the right to terminate the marriage. This is to prevent harm to her. Assuming that the reason for the termination is attributable to the husband (such as castration, micropenis, misrepresentation, and violation of the condition of the adjective), although the termination is done by the wife, her ineligibility for dowry on the one hand and non-compensation of material and spiritual losses is unfair. On the other hand, the wife should be compensated for damages, especially in cases where marriage is terminated before consummation. It would seem that granting a "right to termination" should not be sufficient as the only sanction, and at the same time, financial support should also be provided to compensate for the material and moral losses associated with divorce. However, under the law, in case of termination before consummation, no dowry is given to the wife except impotence. Therefore, it is necessary to review Article 1101 of the Civil Code. The current study examines other cases of dissolution of marriage before consummation and the wife's right to at least half of the dowry in them. It is believed that the entire dowry is not just against intercourse and some of it is against the marriage contract. Moreover, according to the discussion of civil liability, the wife is presumed to suffer damages; Therefore, compensation is necessary.

Keywords

• dowry
• termination of marriage before consummation
• castration
• micropenis
• compensation