关于放弃与妇女婚约的裁决:一项法理学法律研究

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引用次数: 0

摘要

退出婚约求婚者和未婚妻,或其中一人,在有或没有得到对方同意的情况下,有或没有理由,退出婚约,最终放弃婚姻项目,无论有或没有理由。其中之一是对布道的逆转,而对于证据的逆转,它表明了对布道的背离,大多数穆斯林法学家都同意,布道是一个不具约束力的承诺,逆转它是双方或他们的监护人的权利,以及阿拉伯积极法律的立法者,他们对家庭状况感兴趣,包括地位法伊拉克人格允许订婚双方在事先为未婚夫采取预防措施,以各种理由和考虑不结婚后放弃婚约。他在权利使用的任意性理论中找到了其基础,因为这种任意性可能导致需要赔偿的损害,这是由于侵权责任的出现而导致的物质或精神损害,这种损害是由反转的错误行为造成的,而不仅仅是反转本身。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Ruling on abandoning engagement with women: a jurisprudential legal study
Withdrawal from the engagement The suitor and the fiancée, or one of them, retracts from the engagement with or without the consent of the other party, with or without justification, and finally abandons the marriage project, whether with or without justification. One of them is the reversal of the sermon, and as for the reversal of the evidence, it is indicative of turning away from the sermon, and the majority of Muslim jurists have agreed that the sermon is a non-binding promise and that reversing it is a right for both parties or their guardian, as well as the legislators of Arab positive laws that have provided interest in family conditions, including the status law The Iraqi personality permitted each of the two parties to the engagement to abandon it after they had taken precautions for the fiancés in advance not to embark on marriage for various reasons and considerations. He finds its basis in the theory of arbitrariness in the use of the right, as this arbitrariness may result in damage that requires compensation, which is either material or moral damage as a result of the emergence of tort liability that is caused by the wrong behavior of the reversal and not by mere reversal itself.
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