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The Juridical Consequences of Third Party Obligation to Pay Dowry | ||
| فقه و حقوق خانواده | ||
| Article 6, Volume 18, Issue 59, December 2014, Pages 103-120 PDF (698.4 K) | ||
| Document Type: Specialized Article | ||
| DOI: 10.30497/flj.2013.59320 | ||
| Author | ||
| azar souki* | ||
| Abstract | ||
| Dowry or marriage portion is a property that a wife owns after marriage and the spouse is obliged to pay to his wife. Since marriage portion rules are not explicitly stipulated in Iranian civil law, the writer article makes an attempt to answer whether a third party other than the husband can be in doubted to undertake the responsibility of paying the dowry. Therefore, in case of divorce if the wife is obliged to pay the dowry back, to whom should it be paid? The husband or the third party. The third party's obligation to pay dowry can be one of the stipulations in a marriage contract or a separate agreement is to be signed, but undoubtedly consent of both couples and the third party is necessary. The present research shows that in some cases after a divorce the wife is charged with the duty to pay half of or all of the dowry to the third party, because it was the third party who had paid the dowry in the first place to relinquish the claim, not to hold the possession of it. Since after a divorce half of the waived right is to be restituted, it must be given back to the person who had paid the dowry. | ||
| Keywords | ||
| Dowry; consequences; Third party; obligation; stipulation; Liability; marriage dissolution | ||
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