فهرست مطالب hajar yasini nia

Under Articles 1121, 1122, and 1128 of the Civil Code, the legislature has granted the wife the right to terminate the marriage. This is to prevent harm to her. Assuming that the reason for the termination is attributable to the husband (such as castration, micropenis, misrepresentation, and violation of the condition of the adjective), although the termination is done by the wife, her ineligibility for dowry on the one hand and non-compensation of material and spiritual losses is unfair. On the other hand, the wife should be compensated for damages, especially in cases where marriage is terminated before consummation. It would seem that granting a "right to termination" should not be sufficient as the only sanction, and at the same time, financial support should also be provided to compensate for the material and moral losses associated with divorce. However, under the law, in case of termination before consummation, no dowry is given to the wife except impotence. Therefore, it is necessary to review Article 1101 of the Civil Code. The current study examines other cases of dissolution of marriage before consummation and the wife's right to at least half of the dowry in them. It is believed that the entire dowry is not just against intercourse and some of it is against the marriage contract. Moreover, according to the discussion of civil liability, the wife is presumed to suffer damages; Therefore, compensation is necessary.

Parentage is a biological and genetic topic to which much attention has been paid in jurisprudence and law due to its numerous legal effects. Advances in genetics and its relation to the field of law and the courts in the last three decades and the use of DNA and blood analysis, make the study of the jurisprudential and legal credibility of this problem necessary. The present article seeks to answer the question whether the jurisprudential and legal credibility of blood tests and genetic evidence is valid enough to resolve cases related to rejection of parentage. Some jurist believe that these types of tests are more valid than evidence of the marriage bed and proof of the contrary to evidence is possible via the above mentioned tests; however, the answer to the research question of this paper is that although there has been some success in the area of genetic testing in connection to the relation of parental relationship but; in cases where all the conditions of the marriage bed have been proved, these tests can not deal with this circumstantial evidence and proving the contrary of the circumstantial evidence of the marriage bed in this manner is not possible unless one of the conditions of the circumstantial evidence is missing. In that case, the use of the above mentioned test can be useful-as judicial evidence.