Effects of dissolution of the marriage commitment third party regarding dowry

Dowry is one of the special effects of marriage that has extensive discussions. About the nature and provisions of dowry, there is so much disagreement among jurists and lawyers. For example, some believe that dowry is a consequential contract but independent of the marriage contract and is classified as commutative contracts. However, it should be noted that due to dowry following marriage, some of the change provisions are not included dowry contract. In Iranian Civil Code, Articles 1078 to 1101 are devoted to the provisions of dowry. With close examination of the opinion of jurists and legal writers, it is understood that in marriage the husband is obliged to give money as dowry to the woman, or take it as a financial obligation. In terms of jurisprudence, there is no solid reason about the fact that dowry must necessarily be from the property of the husband. Therefore, a third person someone other than husband can give his wealth as a dowry, or be obligated to pay it. This obligation may be crystallized in form of a condition in the marriage contract or may be raised as a separate agreement that in both cases, the consent of the third party and the parties to the contract is a basic requirement undoubtedly.

Although in terms of impact, the obligation of the third party to pay the dowry has similarities with when husband is committed to pay the dowry, there are differences in abolition of the marriage and the right to imprison. It should be noted that if the third party sets dowry as obligation on himself, in case of divorce and if the woman is obliged to pay the dowry back (whether half or full), the wife will be responsible to return the dowry to the third party, for the first dowry was obtained from the property of the third party, and what has happened with solvency is waiver of the right of the creditor and not acquiring the debt, and since divorce half of that right is returned, it should be returned to the payer's assets.