The Official Journal for College of Law and Political Science, Alnoor University

Legal Certainty for Women in Foreign Marriage Contracts

Volume 2, 1.S
Special Issue from Conference Proceedings 2025
Spring 2025
Pages 69-76

Document Type : Original Article

Authors

1 University of Ninevah / College of Law

2 Northern Technical University\Technical Management Institute

Abstract
         External marriage contracts are considered one of the legal challenges for the Iraqi legislator, as the legislator tried, through the Personal Status Law, to oblige those about to marry to register their marriage contract and conclude it through the competent court. This was considered a legal condition for the validity of the contract, but that was not sufficient and the phenomenon of concluding a marriage contract outside the court continued, considering that this contract is valid from a legal standpoint on the one hand and the ineffectiveness of the legal penalty against violators on the other hand With the loss of legal security that these contracts represent, which reflects negatively on women’s rights, especially if the man denies the existence of the contract because it is not officially registered, this calls for the intervention of the Iraqi legislator to find legal solutions to confront these contracts. One of the most important of these solutions is the legislation of the law of the legal person authorized to conclude a marriage contract, because it represents the ease of concluding and registering the contract as it is considered one of the effective means to confront marriage contracts outside the judiciary.

Keywords

https://scholar.google.com/scholar?q=%2210.69513/jnfls.v2.i1.a7%22
  • Receive Date 28 February 2025
  • Revise Date 10 March 2025
  • Accept Date 17 May 2025
  • Publish Date 01 June 2025