Pages: 29-37

Abstract

Marriage is a bond of marriage between a man and woman which intend to start a unity for a family and a common life. This contract is a kind of consensual contract and the man and woman create it with their clear expression of wills and their agreement. A man and woman can put up what they want as stipulation in their agreement. But contrary to the principle of freedom of contracts in private law, marriage with its special situation, is a kind of contract which the freedom of the parties in determining the stipulations isn’t limitless and a lot of rules and regulations are necessary for marriage and none of them don’t have the right to agree against it. The condition of qualification insert in the contract and according to it, the parties or one of them make provisions of quality or quantity. In the condition of quality, the parties or one of them want a quality or qualities which a quality is made as a provision in the contract. The purpose of this essay is examining the condition of quality in marriage and its enforcement which is used of a descriptive- analytical way. The conclusion of this essay show based on the article 1128 of civil code: “when a condition of quality is stipulated in one party and after the contract, it determined that such party didn’t have the quality, there is a right to terminate for the other party, Whether the quality be determined in the contract or the contract be situated on it implicitly”. And in the case of violation of the condition of quality, the party who the condition is for him, has the right to termination according to articles of 235 and 410.