M.A. Thesis:

legal and Judicial Study Waiver of Personal Status

Personal status refers to the features and qualities by which the legal and personal identity, rights, and obligations of an individual is laid down in a community. As stated in the Articles 6 and 7 of the Civil Code, Articles 12 and 13 of the Constitution, and in the single Article acknowledging the rights of non-Shi'a Iranians, personal status means (includes) matters such as marriage, divorce, inheritance, wills, qualification, and adoption. Although not stated clearly in the law, all the derivatives of these matters, such as seals, dowry, alimony, marital property status, ancestry, paternity, custody are considered as examples of personal status. This study deals with waiving of some examples of personal status and their derivatives. According to the Rule of Law (article ... of the civil code) and Tslyt law of the Civil code, the holder of a right is legally allowed to waive his right unless contrary to the rules, and if it is in line with Article 959 of the Civil Code which prohibits the waiving of rights which are general, public and permanent. Therefore, some of the tokens and the derivatives of personal status such as Alimony, inheritance, wills, guardianship and the like are within the scope of Jus Cogens and Erga Omnes, and thus their waiving is disallowed. However, the waiving of some other tokens (cases) such as dowry is legally possible in that they are outside Jus Cogens and Erga Omnes. Moreover, the waiving of the stipulated marriage commitments, and the right of divorce is legally possible if it does not mean to be general, but means the waiving of the marriage and divorce right covered by Rule 10 of the Civil Code, and not breaching Article 959 of the Civil Code.

Keywords: Affair proved right, marriage and divorce, inheritance, alimony, custody and guardianship