Feasibility of frustration of marriage after puberty

Articles in Press

Document Type : Research Paper

Authors

1 Associate Professor, Department of Law, Razavi University of Islamic Sciences, Mashhad, Iran

2 Associate Professor, Department of jurisprudence, Razavi University of Islamic Sciences, Mashhad, Iran

10.22059/jorr.2024.344342.1009137

Abstract

According to the appearance of Article 1041 of the Civil Code and the view of the jurists, a minor marriage is valid. However, since the minor himself is deprived of legal possessions, he cannot be in charge of concluding the contract and the contract must be performed by his or her father. With regard to the marriage contracted by the father, on the one hand, there was a doubt that such a marriage is valid or, like a voyeur marriage, has no legal effect. On the other hand, assuming the validity and influence of the marriage, there was a doubt that such a marriage is established and irrevocable, or that the marriage is shaky and the minor (husband or wife) can terminate the marriage after puberty. In response to the above doubt, a group of researchers believe that marriage is established and irrevocable by the guardian, and another group believes that such a marriage is shaky and a person can terminate it after reaching puberty. In the present study, which is based on a descriptive-analytical method, it has been concluded that a marriage performed by a guardian is necessary and a minor, whether girl or boy, after reaching puberty.

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Religious Researches

Articles in Press, Accepted Manuscript
Available Online from 22 September 2024

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History

  • Receive Date: 22 June 2022
  • Revise Date: 06 July 2024
  • Accept Date: 22 September 2024

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