The effects of the rights of arrest of married couples’ contracts in the legal system of the Islamic Republic of Iran

One of the issues that has always been debated and disagreed between jurists since ancient times is the issue of the right of lien in some contracts. They have considered the right of lien as a result of the conflict of exchange contracts or mutual defense or custom or rational structure of the parties in the contract of exchange contracts, which causes, as long as one party does not perform the contractual obligation, the other party refuses to perform the contract and in If both parties refuse to compel the obligee or the obligee, or there is a difference of opinion between both parties, the judicial rule of al-hakim wali-ul-mutna will apply. Therefore, this right is enforced in exchange contracts such as: sale and lease of marriage, etc., without a doubt, the fulfillment of any contract creates obligations and duties for the parties and gives them rights and powers. On the other hand, as soon as the marriage contract is concluded between the woman A man has rights and duties between them, the strict implementation of which will preserve the family center and have a significant effect on its survival, and it is called the works and juridical rulings of marriage. Now part or part of these duties between spouses is financial. and the other important part is related to non-financial matters, which brings religious and spiritual sanctity to families and couples, couples can manage and control their lives in a desirable and decent way by doing financial and non-financial tasks together, so that reach the main goal of life, but one of the important jurisprudential and legal issues in the field of family law is the issue of the wife's right of custody and the methods of implementing the mutual obligations of each spouse towards each other, which is the issue of the wife's right of custody to collect and guarantee the dowry and is one of the important legal issues in the family field. according to which a woman has the right to refrain from fulfilling the Shariah duties of marriage in front of her husband until she has not received the dowry, and this right can be used if the dowry is in cash and the weight has not been voluntarily complied with.

کلیدواژه ها:

commitments ، exchange contracts of spouses ، rights of custody ، legal system ، Iran