نوع مقاله : مقاله پژوهشی
عنوان مقاله English
نویسندگان English
be abused, the legislator has allowed the wife to secure her potential future rights and prevent such abuse by including certain conditions in the marriage contract, such as the "asset division condition" and the "wife’s attorney in divorce." In the asset division condition, the husband undertakes to transfer up to half of the assets acquired during the marriage to the wife, provided that: first, the divorce is not initiated by the wife, and second, the divorce request is not due to the wife’s failure to fulfill spousal duties. This condition is inherently a suspended performance condition, meaning the obligation to transfer the assets arises simultaneously with the formation of the condition, but its execution depends on the husband’s unjustified divorce. The obligation becomes enforceable only after the divorce (the occurrence of the suspensive event), and prior to this, the husband bears no liability.
The husband’s asset division condition, in the event of an unjustified divorce, is a valid and enforceable condition and falls under the legal principle of the necessity to fulfill contractual obligations. The wife’s attorney in divorce, referenced in "Article 1119 of the Civil Code", is also a valid condition under the principle of the validity of contractual stipulations. This condition is inherently a suspended result condition, meaning it is automatically established upon the conclusion of the marriage contract without requiring further action, but its execution depends on the occurrence of specified events, such as failure to provide financial support (Nafaqah).
کلیدواژهها English