The Juridical Consequences of Third Party Obligation to Pay Dowry
Dowry or marriage portion is a property that a wife owns after marriage and the spouse is obliged to pay to his wife. Since marriage portion rules are not explicitly stipulated in Iranian civil law, the writer article makes an attempt to answer whether a third party other than the husband can be in...
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| Format: | Article |
| Language: | fas |
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Imam Sadiq University
2013-12-01
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| Series: | فقه و حقوق خانواده |
| Subjects: | |
| Online Access: | https://flj.journals.isu.ac.ir/article_59320_989ec3d14863c6f2e26356c0a1976a8d.pdf |
| _version_ | 1819320283901722624 |
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| author | azar souki |
| author_facet | azar souki |
| author_sort | azar souki |
| collection | DOAJ |
| description | Dowry or marriage portion is a property that a wife owns after marriage and the spouse is obliged to pay to his wife. Since marriage portion rules are not explicitly stipulated in Iranian civil law, the writer article makes an attempt to answer whether a third party other than the husband can be in doubted to undertake the responsibility of paying the dowry. Therefore, in case of divorce if the wife is obliged to pay the dowry back, to whom should it be paid? The husband or the third party. The third party's obligation to pay dowry can be one of the stipulations in a marriage contract or a separate agreement is to be signed, but undoubtedly consent of both couples and the third party is necessary. The present research shows that in some cases after a divorce the wife is charged with the duty to pay half of or all of the dowry to the third party, because it was the third party who had paid the dowry in the first place to relinquish the claim, not to hold the possession of it. Since after a divorce half of the waived right is to be restituted, it must be given back to the person who had paid the dowry. |
| first_indexed | 2024-12-24T11:17:08Z |
| format | Article |
| id | doaj.art-f031c6a0fee9444495734c8a35e134c8 |
| institution | Directory Open Access Journal |
| issn | 2538-5291 2538-5283 |
| language | fas |
| last_indexed | 2024-12-24T11:17:08Z |
| publishDate | 2013-12-01 |
| publisher | Imam Sadiq University |
| record_format | Article |
| series | فقه و حقوق خانواده |
| spelling | doaj.art-f031c6a0fee9444495734c8a35e134c82022-12-21T16:58:22ZfasImam Sadiq Universityفقه و حقوق خانواده2538-52912538-52832013-12-01185910312010.30497/flj.2013.5932059320The Juridical Consequences of Third Party Obligation to Pay Dowryazar souki0دانشجوی دکتری قرآن و منابع اسلامی و عضو هیأت علمی دانشگاه آزاد اسلامی واحد تهران شمالDowry or marriage portion is a property that a wife owns after marriage and the spouse is obliged to pay to his wife. Since marriage portion rules are not explicitly stipulated in Iranian civil law, the writer article makes an attempt to answer whether a third party other than the husband can be in doubted to undertake the responsibility of paying the dowry. Therefore, in case of divorce if the wife is obliged to pay the dowry back, to whom should it be paid? The husband or the third party. The third party's obligation to pay dowry can be one of the stipulations in a marriage contract or a separate agreement is to be signed, but undoubtedly consent of both couples and the third party is necessary. The present research shows that in some cases after a divorce the wife is charged with the duty to pay half of or all of the dowry to the third party, because it was the third party who had paid the dowry in the first place to relinquish the claim, not to hold the possession of it. Since after a divorce half of the waived right is to be restituted, it must be given back to the person who had paid the dowry.https://flj.journals.isu.ac.ir/article_59320_989ec3d14863c6f2e26356c0a1976a8d.pdfdowryconsequencesthird partyobligationstipulationliabilitymarriage dissolution |
| spellingShingle | azar souki The Juridical Consequences of Third Party Obligation to Pay Dowry فقه و حقوق خانواده dowry consequences third party obligation stipulation liability marriage dissolution |
| title | The Juridical Consequences of Third Party Obligation to Pay Dowry |
| title_full | The Juridical Consequences of Third Party Obligation to Pay Dowry |
| title_fullStr | The Juridical Consequences of Third Party Obligation to Pay Dowry |
| title_full_unstemmed | The Juridical Consequences of Third Party Obligation to Pay Dowry |
| title_short | The Juridical Consequences of Third Party Obligation to Pay Dowry |
| title_sort | juridical consequences of third party obligation to pay dowry |
| topic | dowry consequences third party obligation stipulation liability marriage dissolution |
| url | https://flj.journals.isu.ac.ir/article_59320_989ec3d14863c6f2e26356c0a1976a8d.pdf |
| work_keys_str_mv | AT azarsouki thejuridicalconsequencesofthirdpartyobligationtopaydowry AT azarsouki juridicalconsequencesofthirdpartyobligationtopaydowry |