Associate Professor in Faculty of Law and Social Sciences, Tabriz University
Abstract
Marriage that forms the basis of the family must be based on veracity of wife and husband and their relatives, but in some cases the two parties of marriage or relatives neglect the veracity and try to hide the truth or speak despite the truth that is called Tadlis (misrepresentation). Although Tadlis (misrepresentation) in selling causes termination based on the civil law, there is no legal command about misrepresentation in marriage, and we have legal lack in this case. In this study, there is an attempt to describe the meaning of tadlis from the point of view of jurisprudence and law and then to point out to territory of tadlis. Moreover, the conditions and effects of misrepresentation is studied and it is proved that for occurrence of misrepresentation there is no need to cheating and in some cases even not saying anything causes misrepresentation. Regarding the effects the injured party can ask for charge of misrepresentation in addition to the ability of terminating the contract and the misrepresentator will have criminal conviction in some cases.
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