نوع مقاله : مقاله پژوهشی
نویسنده
استادیار گروه حقوق دانشگاه آزاد اسلامی واحد قائمشهر
چکیده
کلیدواژهها
موضوعات
عنوان مقاله [English]
نویسنده [English]
One of the challenging issues for the young couples, sometimes leading to deep and harsh differences and argument (between the two parties) is the problem of having a child or not. The major question in law is whether a consequence of marriage, whether each marriage by itself hassush a consequence or whether marriage has no such a consequence per se unless the condition of having a child is mentioned in the marriage contract and the relevant documents. There exist two ideas and theories. First, having a child is the consequence of marriage by itself, and if the couple do not want to have a child, it must be mentioned in the contract wheather expressed or implied. Second, marriage by itself dose not have the consequence of having a child unless it is stated in the contract whether expressed or implied. the present article with an approach towards fegh and law tends to prove this theory that although marriage bt itself has no consequence of having a child, each marriage based on the term implid in act and has the consequence. In other words, it is not necessary to express in the contract, but normally having a child is the term implied in act unless not having a child is mentiond in the contract whether expressed or implied.
کلیدواژهها [English]
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