Scientific Journal of Law and Modern Studies

Scientific Journal of Law and Modern Studies

The influence of the principle of sovereignty of will in the marriage contract from the perspective of jurisprudence, Iranian law and international rules

Document Type : Research Article

Author
Erfan Rahaei
Senior expert in private law, Faculty of Law, Islamic Azad University, Mime branch. (Corresponding Author)
Abstract
The principle of sovereignty of the will should be considered as one of the most fundamental principles that ever existed in the world of law, and in fact, it should be considered as a kind of guarantee of the health of relationships between people. This principle, which is often evident in contractual relationships, is used thoroughly except in exceptional cases and forms the basis of contractual relationships. The marriage contract laws, which according to the legislator is considered a contract, despite having several mandatory laws, in many cases were compiled on the basis of this principle and due to the supplementary nature of the rule, it can be done by the will of the persons regarding decision making. In the present study, the influence of the principle of the sovereignty of the will in the two stages of concluding a marriage contract and its effects has been investigated, and the crystallization of this principle has been examined in the light of law, jurisprudence and international rules. some different opinions about the presence or absence of this principle in the marriage contract have also been expressed, and at the end, the conclusion of the said discussion has been discussed.
Keywords
principle of sovereignty of will
marriage contract
jurisprudence
law
international rules
Subjects
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  • Receive Date 03 April 2023
  • Revise Date 14 May 2023
  • Accept Date 20 May 2023