نوع مقاله : مقاله پژوهشی
1 دانشجوی کارشناسی ارشد فقه و مبانی حقوق اسلامی، دانشکده الهیات، دانشگاه الزهراء، تهران، ایران (نویسنده مسئول)
2 دانشیار گروه فقه و مبانی حقوق اسلامی، دانشکده الهیات، دانشگاه الزهرا، تهران، ایران
عنوان مقاله [English]
According to the Civil Law, marriage is a legal contract in which different rights and duties are given to the couple. The Supreme Judicial Council has placed twelve conditions in the marriage contract. One of the serious problems with the set of conditions included in the marriage contract is that although the marriage registrar is obliged to explain the conditions contained in the marriage document to the couple case by case, but since this is done during the marriage contract, according to the time situation It is possible for the parties to carefully reflect on the provisions of the obligations, and most people are not aware of such conditions until the time of the marriage ceremony, as a result, at the time of the marriage, they approve and sign it without knowing what effects and duties these conditions will bring to them. After some time passed from their marriage and they became aware of the effects of the conditions, it is possible for them to regret. Therefore, in order to establish a general balance between the rights and duties of the spouses, it is appropriate to explain to girls and women the possibility of using the conditions during the marriage contract, which means that the spouses can discuss a series of issues agreed upon between them, which the law in their case is silent or the opinion of the law is not to their liking, but according to the law itself, it is possible to register the contrary agreement in the marriage process as a condition of the contract. It is obvious that couples can only agree and compromise against the supplementary laws and cannot compromise against the rules of the matter, which are actually the rules related to public order and good morals. In this regard, the above legal issues and executive and judicial problems show a kind of divergence and confusion of the procedure regarding the setting, verification and implementation of the conditions in the divorce attorney contract, which in turn can disrupt the functioning of these conditions, which in this research will be examined.