The Effect of Death on Dissolution of Marriage Contract with Emphasis on Presumed Death

Hasan Mohamadi Ramghani, Mohammad Roshan, Mohsen Najafi Khah

Abstract


The dissolution of the marriage contract is either intentional or compulsory. The intentional dissolution basically takes place with divorce or termination application. But, the unintentional or compulsory dissolution means a marriage contract is dissolved automatically and without the will of the parties. The most important causes of unintentional dissolution include termination, death, expiration (in temporary marriages) and… which marriage contract can be dissolved by the occurrence of these and some other special causes. One of unintentional marriage dissolution causes is death. Death is divided into three groups of natural death, presumed death and constructive death. Iran's civil law has not pointed directly to constructive death, but beside other categories states its conditions and ordinance. There is no doubt that natural death triggers a marriage contract to be dissolved. There is disagreement among experts of Islamic rules and jurists on this matter if presumed death can dissolve a marriage or not. But, with study of legal rules related to missing person and the effects of the judgment rendered for presumed death, it seems that presumed death can dissolve the marriage contract too. And, the divorce application sets out at article 1029 of Iran's Civil Law relates to an occasion which inheritors have not applied from the court to issue a presumed death judgment.

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DOI: http://dx.doi.org/10.5539/jpl.v10n1p219

Copyright (c) 2016 Hasan Mohamadi Ramghani, Mohammad Roshan, Mohsen Najafi Khah

License URL: http://creativecommons.org/licenses/by/4.0

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