نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشیار گروه فقه و مبانی حقوق اسلامی دانشگاه الزهرا
2 کارشناس ارشد فقه و مبانی حقوق اسلامی دانشکدۀ الهیات دانشگاه تهران
چکیده
کلیدواژهها
عنوان مقاله [English]
نویسندگان [English]
Condition of choice is one of the terms of binding contracts as marriage is a binding contract. The question that arises here is whether condition of option of marriage contract is right. In case the term is rendered invalid, is the contract repudiated? In the Article 1069 of Civil Code, the nullification of the term of the contract is ordered, and scholars have long agreed to nullify the term; however, the status of the contract is drawn into dispute. In verses and narrations, there is no reason for nullifying or validating optional marriage and condition of option involving it. The entire evidence mentioned in this regard is efforts made by scholars. Most lawyers have followed the ideas and reasons of jurists in this context. In this paper, an effort was made to review the ideas and arguments on the answer to this question. In the end, due to lack of a definite cause to nullify the terms, the validity of the terms and contract was upheld.
کلیدواژهها [English]
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