The theory of taking into account disagreement and its implications Implemented by the Marriage and Divorce Law

(Law No. 10 of 1984 and its amendments)

Abstract

The research aimed to identify the extent to which it is possible to correct some marriage contracts after consummation, or to have effects on others after annulment, as is the case with jurists. To achieve this, the inductive approach was used to extrapolate jurisprudential opinions, analyze them, and measure the legal facts on them. One of the most important results of the research is that it is possible to measure A number of issues of the sections of the invalid marriage contract, including the section in which there is an agreed-upon type of pillars and conditions, and a different type in it, and accordingly, Article (16) of the Marriage and Divorce Law deals with the agreed upon agreement that is annulled forever, whether long or not, and does not address the disputed one that is valid. By length of time, or by appearance and fame,Among the controversial elements and conditions in which the judge refers to the schools of jurisprudence and can correct contracts in light of them: Taking into account the difference between the legislator and the jurisprudential schools of thought, they are: puberty, majority, attendance at the contract council for the guardians, testimony, the meeting of the opinion of the guardian and the person being cared for, and the approval of the court. In these and similar matters, the contract is valid by being apparent and known, and the missing conditions are completed, and it is called the term “correction,” and it is not a term. Renewal, which is the procedure for making a new contract of marriage and dowry after the end of the waiting period.