Jurisprudential Analysis of Section 1046 of the Civil Code

Document Type : Research Article

Author

Associate Professor, Department of Private Law, Faculty of Islamic Studies and Law, Imam Sadiq University, Tehran, Iran.

Abstract

From the apparent meaning of the section 1046 of the Civil Code, it is inferred that the venue of the effect of foster-relationship is limited to relative-relation prohibitions. It means each marriage that is banned in venue of the relative-relations, the foster parallel and equivalence is void and unlawful as well. The amount of this effect, however, is in question. The major question of this article is whether all sorts of foster parallel of marriage are unlawful as their relative-relation ones are void, or it is possible to consider some restrictions in a way that there is a case, in which the relative marriage is unlawful, but it does not have any obstacle or prohibition in the foster one. In the other words, is pointing to foster-relation in the honorable speech of “Anything is banned by relative-relation is also banned by foster-relation.” merely referred to unlawful expressed topics in Islamic texts? Or does it include the other unmentioned topics, albeit there is no hesitation in correctness of the same relative-relation type? The outcome of this research is the restriction and monopoly of foster prohibition in particular cases of relative-relation prohibitions. Hence, there are cases in which in spite of the prohibition in relative-relation marriage, the foster parallel and equivalence does not include that prohibition.

Keywords

Main Subjects

Files

History

  • Receive Date: 05 January 2016
  • Revise Date: 24 February 2016
  • Accept Date: 05 March 2016

Share

How to cite

Statistics