The effectiveness of Contractual Freedom to the Choice of Partner

Family is the simplest human society. Some part of its construction is involuntary; no one chooses his/her parents. But when it is time to accompany with a partner، «the freedom to choose» plays a key role: whether to choose marriage itself or to choose a specific partner. The authors aim to scrutiny the legitimacy of contracts regarding restriction، prohibition or compulsion of marriage. There is a famous legal maxim which states that: «In family law، the regulations are imperative and no one can compromise unlike them». This paper is to verify this general claim regarding contractual freedom in marriage.