Unclear Condition in Marriage Contract from the Viewpoint of Jurisprudence and Law

Despite clarifying on all sorts of conditions under articles 232 to 234, the Civil Code has not ruled on the necessity of clarity of conditions, recognizing as a breaker of the marriage contract only that type of unclear condition that results in an absolute ignorance towards the exchanged rights. This way those unclear conditions that do not result in an absolute ignorance towards the exchanged rights, or in contracts such as marriage in which the exchanged are not the major parties of the contract composition, have been left unclear. Some jurists and authors of law have recognized unclear conditions as a definite waiver any contract, including marriage, according to reasons and statements that will follow. In contrast, some other jurists and legal experts believe that unclear conditions not a waiver of contracts, and as such are valid. Perhaps this opinion may be attributed to major jurists of the time. The authors chose another opinion while studying the topic. They came to the conclusion that if the unclear conditions of a marriage contract are such that their ignorance cannot be dissolved in any way, they are in fact void and without effect. But those unclear conditions that may be put out of ignorance are acceptable and may be put to effect. Conditions such as transfer of up to half of a husband’s assets, forced monogamy of the husband during marriage, absolute substitution rights for the wife in getting divorce, and payment of marriage portion when the husband is financially capable all have some unclear aspects, but their inclusion in a marriage contract is free of any problem.