نوع مقاله : علمی پژوهشی
نویسندگان
1 مدرس مدعو
2 استاد دانشگاه
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
On afford term in dowry like other terms in contract should have the correct conditions, this term is not emphasize on the rule of prohibition of reference the creditor to insolvent debtor and in result in this situation dowry is present, because the principle is avoidance of provisions and are propounded for special cause. In the words of the jurists, it is evident that such term is not only for emphasis and dowry is not present in this situation. Certainly the object of organization is reduction the statistics of prisoners for dowry and if it is only for emphasis, does not indicate the confession of wife to insolvency of husband and in this situation; it is possible to imprison the husband according to the article 2 of the act of enforcement of civil orders.
Dowry with this term is deferred or suspended, so the deceit that come into existence because of unknown period of dowry or suspension of dowry, cannot be ignored in the view of jurisprudence and law, because the essential conditions of dowry are knowing and fixing and not knowing the dowry causes the annulment of it and demonstrate the dowry likeness. The origin of obligation in dowry is under question because the right of demand the dowry for wife is losed unlimited. Of course if a specific time is taken into consideration for the ability of husband, these objections are removed.
کلیدواژهها [English]
http://www.leader.ir/tree/index.php? Catid=49
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