Examining the annulment of the marriage contract due to the supposed death and its effects on the relationship of couples in Iran and Egypt

Annulment as one of the reasons for the dissolution of the marriage contract means that the marriage contract which was first correctly concluded, is destroyed without the intention and will of the spouses. Therefore; based on the law, the annulment of the marriage contract is a forced dissolution which means that the marriage contract is automatically dissolved without the need for any other legal action, and leaving no choice for the court or the parties to the contract. Marriage is annulled by the death of one of the spouses; that in the case of discussion, the issuance of a presumptive death sentence, like other cases of annulment of a marriage contract, causes the forced dissolution of the marriage from the date of the issuance of the sentence, and if the invalidity of the presumptive death sentence is determined, the effects of the issuance of the sentence will be nullified as much as possible. Therefore, in the matter of marriage, in the case of proof of the absentee's life and her return, if the absentee woman has not married; the woman remains married to the man and the man has the right to appeal; however, if the absent woman has married a husband, the second marriage will be valid because it was done under the law. The principle of applicability of the presumptive death sentence to the marital relationship, which is explicitly accepted in Egyptian law, is also in accordance with legal and jurisprudential principles, and with the issuance of a verdict, its effects and rulings on the relationships of spouses, such as alimony, inheritance, dowry, eddeh, and custody, and joint custody of the child will be applied.