Member of the Department of Private Law, Faculty of Law, Qom University
Abstract
Based on extending conditions of validity of a contract (Article 190 of the Civil Code) to unilateral legal acts and also the criterion considered Article 191, termination of marriage and return to it, are formed with the expressed intention and consent; That is, the inner and outer will both. In contracts the announcement of the offer seems obvious; but in unilateral legal acts such as termination of marriage and return to it, what is the rule? In this article, we examine this question; Whenever one of the spouses terminates the marriage without informing the other party or returning to the redemption (fedyah) by wife without informing the other, and the time expires, are these unilateral legal acts valid or its effect depends on the information? In this analytical study based on the principles of jurisprudence, we conclude that although notification has no role in the conclusion of unilateral legal act, it does play a main role in its effectiveness
