فقه و حقوق خانواده (Oct 2022)
Semantics Of "Promise" and "Commitment" and Its Effect On The Interpretation Of The Article 1035 Of The Iranian Civil Code
Abstract
The meaning of the word "promise" in the legal term and its semantic similarity or difference with the concept of "commitment" is one of the topics of dispute among jurists. This term is used in the Iranian rules only in Article 1035 of the Civil Code and in relation to the "promise of marriage". Therefore, disagreements about the meaning of the promise, has led jurists to offer different interpretations of this article. The purpose of this research is to carefully study the meanings of the two words "promise" and "commitment", expressing different opinions and trying to choose the correct meaning of these words. Finally, the effect of this disagreement in meaning on the manifestation of different interpretations of Article 1035 of the Civil Code will be examined and the more accurate interpretation of the above article will be presented and explained. The present article is a descriptive-analytical research and its information has been collected by library method. Studies have shown that, first, promise means a simple word, it is a concept which distinct from commitment and lacks the element of binding; Secondly, based on this explanation, the sentence of Article 1035 of the Civil Code including that the promise of marriage is not binding, is limited to the cases of "mere promise" to the marriage and does not include the cases that contain the commitment of the parties to marry in the future.
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