Judicial Law Views Quarterly (Law Views)

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Non-remarriage contract or clause either deprives the right of man's remarriage or just creates a not to do obligation of remarriage. Analayzing the validity and consequences of both situations as an one of most complicated legal issues is our mission in this essay. In the first case, the most important reason to anuul this contract or clause, even in the case of partially elimination of man's right for remarriage, is it's inconsistency with public policy.Thus, if such clause is incorporated in the manner of a not do to obligation, it is true and therefore, surveying on its sanctions remins. In any case, we can not infer any regulation about nullity of this contract from civil code or any possibility to rescind the first or senond marriage either as an agreed or statute sanction. Although, we can not see any obstacle on the possibility of damages as a sanction for breach of contract or clause, but because there is a problem in the field of allocating the moral damage, based on the Family Protection Act 2012, we can infer that the best sanction is the right of divorce.
 

Keywords: Right deprivation, Tahrim Hilal, Not to Do Obligation, Legal Power Elimination, Nullity of second Marriage, Right to Divorce.

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