A legal analysis of affordable marriage gift or claimable marriage gift

According to instruction number 1/34/53958 dated Bahman, 7th, 1385 (SH), issued by Documents and Estates Registration Organization, the heads of Marriage Registration Offices have to explain the contents of article 2 of marriage contract conditions related to affordable and claimable marriage gifts to the couple so that they chose of the two types of marriage gifts. In this way, the assumption of the neutrality of the man, which can be found the article 2 of the law of the implementation of financial sentences in relation with marriage gift, changes and, as a result, the number of marriage gift prisoners is reduced. It seems that dividing this condition into two, i.e. affordable or claimable, in the instruction is illogical and results in problems to collect marriage gift, and increases the possibility of man’s loss. It seems that dividing marriage gifts into affordable and claimable in the instruction of the Registration Organization is illogical and makes the collection of marriage gift impossible. This paper studies these two conditions from a jurisprudential and legal approach and shows that this instruction is against the spirit of clause 3 of article 148 of Civil Injunction Application Law ratified in 1977 and article 58 of Bankruptcy Liquidation Law of 1939. In addition, the impossibility of issuing an execution command and liquidation of marriage gift through the application of registration because of the dependency of marriage gift to affordability is an unjustifiable limitation for women.