نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
Marriage holds a special position as a significant and fundamental contract within the Iranian legal and jurisprudential systems. It not only establishes a legal relationship between a man and a woman but also serves as the foundation for the family unit and social order. However, instances such as the nullity or rescission of marriage can entail various consequences for the spouses' relationship and their legal status. Nullity and rescission are key concepts in Iranian law and jurisprudence, each carrying distinct implications for the marital relationship and the rights and obligations arising from it. Nullity—resulting from a failure to meet the essential conditions for the contract's validity—renders the marital bond invalid ab initio and eliminates its effects; conversely, rescission involves the dissolution of a valid contract due to statutory or contractual defects, taking effect only from the moment the rescission occurs. This study provides a detailed examination of jurisprudential consequences (such as the status of children, inheritance, and maintenance) and legal consequences (such as the restitution of the dower and contractual repercussions), while clarifying the distinctions between these two concepts within the Iranian legal framework. The primary objective is to present a clear picture of the status and consequences of marriage nullity and rescission under Iranian law, grounded in both Sharia principles and statutory regulations.
کلیدواژهها English