Juridical and Legal Review of Sanction of Agents' Misfeasance from Limit of Authorities Related to the Dowry in Permanent Marriage

From the viewpoint of Iranian law, in some cases marriage contracts may be concluded by a lawyer or legal agent, and the agent must act within the framework of his contractual and legal authority. As a rule, in the assumption of the representative's involvement in the conclusion of a permanent marriage, one of the issues mentioned in the marriage contract is dowry. Now the question is what the sanction of misfeasance of the agent of the authorities about the dowry is.  This research has examined the issue from the juridical and legal point of view through an analytical-descriptive method. The results of this research indicate that there is a difference among the jurists in this regard and in the opinion of the majority of jurists, the contract and dowry form an ideal unit and the misfeasance of the dowry leads to the ineffectiveness of the principle of marriage contract. The Iranian legislator has only expressed opinion in the case of a lawyer's misfeasance of the dowry which makes the marriage ineffective in Article 1073, and is silent about other representatives. It is believed that the acceptance of the ideal separation between contract and dowry is stronger. As a result, the agent's misfeasance can’t lead to lack of influence of the principle of the marriage contract. Therefore, it is suggested that the legislator amend article 1073 of the Civil Code and accept the effect of the marriage contract on the assumption of agents' misfeasance of dowry and also make clear comments on other delegates’ agents.