Authors
Abstract
Since 1362, according to prescription of documents and properties organization, free possession condition to an extent of half of husband properties for wife, contained in formal marriage contract and almost all of couples resign and accept it. But from very beginning, it is hesitated about this lending essence that enters into Iranâs legal system with juristic framework, for the reasons such as being unrecognized and some considered it void, without investigating reasons of its correctness or falsity and studying its qualities analytically.
This paper attempts to study qualities of mentioned condition from the aspect of legal nature, suspension, necessity, to be consenting, to be unknown and reparative-punitive nature and after expressing the reasons for its invalidity and criticizing them, proceeds to support the reasons of its accuracy. Of course extensive power of judge in deciding the extent of condition subject and obscurity of domain of properties containing in it, reduced its effectiveness and necessitate some reformations in it.
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