Legal Analysis of Different Forms of Dowry Waiver with Emphasis on the Instrument of Couple's Will Interpretation

Abstract

The wife as the owner of the dowry can take possession of her property. One of these possessions entails to waive her dowry right and grant it to her husband in various ways. In this article, we discuss the various formats that the wife can waive dowry and study the possibility and impossibility of referring in each of those formats. Due to the lack of a clear boundary in distinguishing these patterns from each other and the lack of familiarity of people with jurisprudential-legal terms, the proof of some cases occurred in the world that make it difficult to distinguish the type of legal action taken. This article attempts to provide the instruments for interpreting the nature of legal action that has taken place. As well as, due to the insufficient determination of these instruments, it is recommended that the legislature intervene and introduce the necessary instruments in this regard. Also, it is suggested to the legislature to pay attention to the function of the contract and its subject as usable instruments.

Keywords

• dowry
• marriage
• divorce
• donation
• interpretation