بررسي ماهيت حق حبس در نكاح و چگونگي استيفاي آن

A Survey of Entailment Right Notion in Marriage Contract and its Demand

Entailment right in marriage is one of the legal issues, which needs further elaboration. The nature and the quality of coupleʹs enjoyment of this right have not been fully considered by the scholars. As a result, there exist a great number of unresolved questions in this regard. The present article first studies the notion of the entailment right and its concerned types and then reviews article no. 1085 G.M. so as to prove that the entailment right is one of the objective rights. This right has been unanimously approved from the legal standpoint; however, it has been disputed from the jurisprudent standpoint. It is worthy to note that a major number of legal and jurisprudent scholars have maintained this right for men. This article also attempts to clarify on how to act when both man and the wife exert this right. It is also evident that the wife is allowed to exert the entailment right until the part of marriage portion which is due is remitted in full.