Subreption in marriage and its effect on the wife's dowry

Ali Dadmehr ¹ ( استادیار گروه حقوق،واحد تبریز، دانشگاه آزاد اسلامی،تبریز، ایران. )
Seyyedeh Elahe Dadmehr ² ( PhD student in private law, Tabriz Branch, Islamic Azad University, Tabriz, Iran. [e-mail] )

Submited date : 2023-12-08 Accepted date : 2024-01-21

Keywords: marriage , Subreption, revocation, Dowry.,

Abstract :

Abstract In Iran's civil law, divorce is not explicitly provided for in the marriage contract, but according to jurisprudence and some articles of the civil law, including article 1128 of the civil law, it can be said that divorce is one of the reasons for annulment of marriage. Fraudulence in marriage, if its conditions are met, in addition to the right of termination, the cheated person can claim his losses from the fiduciary, and in addition, the fiduciary person will be criminally responsible if he has bad faith. had If the marriage contract is terminated due to sexual intercourse before intercourse, regardless of whether the reason for the termination is from the man or the woman, no dowry is due to the woman, but if the man terminates the marriage contract due to sexual intercourse after intercourse, the woman is entitled to it. In this article, using the descriptive and analytical method, firstly, the jurisprudential and legal concept of Subreption, then the elements of Subreption and the difference and ability to add, the option of Subreption with the option of defect and violation of the condition of the adjective, as well as the effect of Subreption on each of the couples and The third party has been paid in the amount of the wife's dowry, and finally, the urgency of exercising the option of refinement and criminal liability