پژوهش‌نامه حقوق اسلامی (May 2022)

Feasibility study of the obligation in favor of a third party in the marriage contract and its effects

  • Rasoul Ahmadi Far

DOI
https://doi.org/10.30497/law.2022.242363.3165
Journal volume & issue
Vol. 23, no. 1
pp. 105 – 130

Abstract

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The law accepts the obligation to a third party as one of the general rules of contracts. Marriage contracts, like other contracts, are subject to this general rule. It is possible, under this contract, to commit in favor of a third party. Due to the characteristics of this contract, the commitment in favor of a third party is not like other contracts and has its own special rules. Accordingly, the subject of this inquiry is to study the commitment of the third party in the marriage contract and its effects. Based on the findings of this study, the privity of contract rule within a marriage contract differs between stages of formation and work. In a maiden marriage that has grown (ripe and wise) the father's permission is a condition of marriage validity. In the effects stage, the privity of the contract is not absolute and the marriage contract is due to a relative relationship among couples with the relative counterpart. This contract allows you to commit in favor of a third party, but this commitment does not affect the original contract. Law or custom or an agreement by the parties can prescribe the guarantee of breach of a third-party commitment in a marriage contract.

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