An approach to the payment time of the dowry in addition to analysis of article 1085 of the civil code

Although Iranian legal system has protected family as society’s basic unit in many rules specifically constitutional law, family main issues need study in laws and regulations to recognize the matters that threat it. Lawyers and jurists by studying article 1085 civil Code guide us to that that right of lien and its ways of taking advantages in the family rights and duties often used by law with ignore of the philosophy and root of this right. Supreme Court’s decisions on generality of submission (not sexual submission) for remaining right of lien while insolvency of man, shows the reason of woman’s lien to receive dowry. Using the rule of commutative contracts for marriage without mention the protection of right of women is caused by Remedial Principles which is showing hidden facts of decisive time for paying dowry, avoiding of prevailing a ultra-realistic method on social aspect of family as a important unit of society is on the negative line of materialistic view to the most important contract among people.