تاملي فقهي - حقوقي در شرط عدم ازدواج مجدد

Clause not to remarriage, a study in jurisprudence and law

The validity of obligation not to marriage for the second time, as a legal act, has always been a controversial dispute between lawyers and Jurisprudences. Some consider this agreement was illegitimate for general deny of right, and oppose with the imperative rules. Others believe that the assurance upon the decline remarriage right by the man is binding. In this study, explaining both perspectives, citing the legal basis and with the emphasis on social interest of family and a modern interpretation of the role of women in the marital life , validity of this provision in the form of a private contract that explicitly does not opposed the law, would be proved for marital terms .Toward the legal effects of this provision, regarding the importance of infraction of this provision and considering the necessity of effective enforcement, the theory of nullity of remarriage is acceptable ,and also the theory rescission is not considered without reason.