نوع مقاله : علمی- پژوهشی
عنوان مقاله English
نویسندگان English
Famously, marriage is considered the product of the intersection of two wills, , which also leads to obligations. But marriage, which is one of the contracts, is such that the wife has no role in its dissolution through divorce. In justifying and explaining the reason for depriving the wife of the right to divorce,. In the meantime, Imam Khomeini with the analysis they have presented of the contract, considers its identity to be caused by one-sided will. Regardless of the quality of Imam Khomeini's arguments in this matter, based on his basis, according to which the identity of the marriage contract will be at the request of the wife and the acceptance of the husband is not considered a pillar, it is no longer possible to dissolve the marriage absolutely under the authority of the husband. contract, because in this case it leads to the deprivation of the creator of the marriage in the matter of its dissolution, and this is very questionable. His scholarly view on the contract in general and on the marriage contract in particular, makes important legal developments in this field necessary, which the authors of the article have considered in a descriptive-analytical way. The finding of the research after explaining and expanding and analyzing the views, and adapting the premise of the issue to Imam Khomeini's opinion, is the necessity of having the right to divorce for the wife.
کلیدواژهها English