تحليل حقوقي مهريه عندالاستطاعه يا عندالمطالبه

A legal analysis of affordable marriage gift or claimable marriage gift

According to instruction number 153958/34/ dated Bahman. 7th, 1385 (SHl, issuedbyDocuments andEstates Registration Organization, theheadsof Marriage Registration Offices haveto explain the eontents of article 2 of marriage contract conditions related to affordable and claimable marriage gifts to the couple so that they chose of the two types of marriage gifts. In this way, the assumption of the neutrality of the man, which can be found the article 2 of the law of the implementation of financial sentences in relation withmarriage gin, changesand, as a result, thenumberofrnarriagegiftprisoners is reduced.Itseemsthat dividing this condition intotwo, i.e. affordable or claimable, in the instruction is illogical and resuJts in problems to collectmarriage gift, and increases the possibility of manʹs loss. It seemsthat dividing marriage gifts into affordable and claimable in the instruction of the Registration Organization is illogical and makes the collection of maniage gift impossible. This paper studies these two conditions from ajurisprudcntial andlegalapproach andshowsthatthisinstruction is against the spirit of clause 3 of article 148of Civil Injunction Application Law ratified in 1977 and article 58 ofBankruptcy Liquidation Lawor J939. In addition, the impossibility of issuing an execution command and liquidation of marriage gift through the application of registration because of thedependency ofmaniage gift to affordauility is an unjustifiable limitation for women.