principal's obligation to unauthorized marriage in imamiej figh and civil law
نویسندگان
چکیده
according to civil law and shia fiqh, unauthorization is a phenomenon involved in various contracts including marriage. studies on unauthorized transactions tried to reveal the conditions of authorization, principal and authorized marriage so that principal plays no role here or is influenced. fiqh and law textbooks indicate that role of principal's intention fades gradually and are largely hidden. different reasons such as necessity for loyalty to contract and kashf moreover, committed the principal to this precarious contract and its negative effects until the other party clarify the unauthorized contract. investigating civil law and faqihs' ideas, this study aims to show whether principal is supposed to commit the unauthorized marriage or he can dissolve the unauthorized marriage, or paves the way for dissolution of the unauthorized marriage by another marriage.
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عنوان ژورنال:
مطالعات حقوق خصوصیجلد ۴۶، شماره ۱، صفحات ۱۵۳-۱۶۹
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