The Study of Marriage Jurisprudential and Legal Commitment Place

The legislator of Iran, in artcle 1035 of civil law, has talked about the non-obligatory of fulflling promises of marriage. here is a confict between the jurists about the intenton and meaning of legislator. One view says that commitment to marriage is diferent than marriage promise and it could be necessary in some circumstances. However another view sees the promise of marriage as a contract that creates the commitment to marriage and says the legislator is denying the necessity of any commitments. This artcle, while is for necessity of commitment and tries to fnd a resoluton which will be in accordance to Imami’s jurisprudence, discusses the jurisprudental and legal aspects of this mater. The conclusion is that the legal form chosen for marriage commitment has importance in resolving this mater. If the commitment is in a form of peace, conditons along with Commitment, and even in an unknown form, it will become part of the generally accepted commitments and it will be obligatory; whereas one one-way forms and commitment, based on the common view point, will not be obligatory.