The effects of marriage in the context of the husband suffering from a disease leading to death in Iranian jurisprudence and law

One of the most important issues in the world of law is to prevent the abuse of rights. The institution of marriage, given that it has a non-financial nature with many financial implications; Allows the abuse of rights in some cases. One of these cases is marriage in the case of a couple's disease, which we will examine in the present study.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

In fact, diseases can be divided into two categories. The first category of diseases that lead to death in a short time. Certainly, these diseases are subject to Article 945. The second category of diseases that cause death after a long time. These diseases themselves are divided into two categories; Diseases that a person suffers from for a long time from the time of marriage to death. These diseases do not appear to be covered by Article 945.

In Article 945 of the Civil Code, in order to prevent the abuse of rights, the legislator has deprived the wife of inheritance with the mentioned conditions. But it should be kept in mind that in addition to inheritance, marriage has other financial effects such as alimony, dowry, retribution, and so on. Therefore, covering these gaps by the legislator seems to be necessary to increase transparency.