Secondary Role of Dowry in Marriage Nature

Commutative contract is agreement where, firstly, there is reciprocal status between parties obligations. Secondly, obligation of subject matter of this contract has a financial aspect. By contrast, non-commutative contract address the agreement without any exchange. Hence at this contracts, there isn’t pose the rules based on reciprocality. Dowry is one of the most significant part of marrige that its financial aspect and some governing rules of commutative contracts on marriage especially wife right to retention have pose some question on commutative or noncommutatie natue of marriage. This was more important when supreme court in decree number 708 held that rule to instalment is not amount to reject of retention right. This reaserch aim to analyse with descriptive and analytic method, status of dowry in marriage and its effects and then assess jurisprudencial and legal validity of supreme court rule. In a sum, it can be said that although dowry have a financial aspen, but in the terms of other rules, dowry don’t transform nature of marriage from non-commutative to commutative contract.