The Causes of Dissolution in the Contract of Alternate Womb
Document Type : Original Article
Author
Master's Degree in Islamic Studies and Law at Imam Sadiq(a.s) University
Abstract
The contract of alternate womb, like any other contract, follows from a general body of principles, and also has specific rules that are appropriate to their function and subject. This paper examines the possibility of dissolution of this contract, which is principally possible in other contracts, and includes two aspects of the termination of the contract, including termination (dissolution based on the will of one of the two parties to the contract) and excuses (dissolution based on the will of the two parties to the contract). Also, this article seeks to prove that the specific rules of this agreement, contrary to other contracts, do not permit the dissolution of this agreement. In order to prove this proposition, the legal status of the contract and the nature of it should be investigated. Also, the relationship between the nature of the contract and the principle of necessity will be determined and ultimately check that the necessity and authorization of the contract are related to public order. Due to the lack of legal regulations and the weakness of the jurisprudential works in the affairs of the new issues, it is necessary to take full advantage of the legal principles and rules of jurisprudence.
Keywords
', './data/fiqh/coversheet/71563281141.jpg'))
Volume 1, Issue 1 - Serial Number 1
February 2012Pages 135-152
- Receive Date: 16 July 2019
- Accept Date: 16 July 2019