Examination of the grounds for annulment of marriage, physical defects, and duress
Subject Areas : Civil LawElaheh Salehi Ghesmati 1 , Akbar Imanpour 2
1 - Student of Master’s Degree in Private Law, Department of Law, Ahrar Institute of Higher Education, Rasht, Iran..
2 - Assistant Professor of Private Law, Department of Law, Faculty of Literature and Humanities, University of Guilan, Rasht, Iran.
Keywords: Annulment of marriage, physical defects, duress, misrepresentation, insanity, impotence, leprosy, consent, Civil Code, Imamiyya jurisprudence, treatability of defects, gender justice,
Abstract :
Annulment of marriage, as one of the exceptional yet fundamental institutions in Iranian family law, plays an important role in maintaining a balance between the stability of the family institution and the necessity of protecting the parties against abnormal and difficult situations. Although marriage is recognized in the Civil Code as a binding contract, the legislator, in Articles 1121 to 1128 of the Civil Code, inspired by Imamiyya jurisprudence, has provided specific grounds for annulment so that in cases of defect, duress, misrepresentation, or fundamental discrepancy in the terms of the contract, the injured party may have the possibility of release.This legal institution is based not merely on contractual considerations but on principles such as respect for free will, protection of the physical and mental health of the spouses, prevention of harm, and preservation of the natural functions of marriage. Examination of the physical and sexual defects specified in the Civil Code for each spouse shows that the legislator attaches particular importance to physical health, the ability to engage in marital relations, the absence of chronic and dangerous diseases, and the possibility of effective participation in shared life. Defects such as insanity, impotence, castration, leprosy, vitiligo, and paralysis are all factors that directly disrupt the primary purposes of marriage and, both socially and rationally, make the continuation of marital life difficult or impossible. From this perspective, the rules concerning annulment of marriage are consistent with the protection of natural rights, informed choice, and the ethical principles of family life.In relation to duress, intention and misrepresentation also play a decisive role. By considering a marriage concluded under duress as non‑effective and by granting the right of annulment in cases of misrepresentation or breach of a stipulated attribute, the legislator emphasizes the importance of free consent. This is significant not only because of the contractual nature of marriage but also from the perspectives of human dignity and social and moral values. Marriage without genuine consent lacks legitimacy and real family effects and can lead to serious personal and social harm.Despite the relative clarity of the law in determining the grounds for annulment, certain challenges remain in the Civil Code. The existing provisions are based on a limited list of defects, and many modern physical and psychological conditions that today play a decisive role in the quality of marital life have not been considered. Some rules relating to the defects of men and women also appear legally and socially unbalanced and are not consistent with contemporary concepts of gender equality. Considering medical progress and the possibility of treating many of the defects recognized in the past, the necessity of revising the law should be examined. It is appropriate that broader criteria, such as any defect that substantially affects the purposes of marriage, replace the current limited list, and that judges be allowed, based on expert opinions, to decide on the real impact of a defect on marital life.
1. Asadi, M., & Rezapour Shakouhi, R. (2023). Sexual disorders of spouses and their jurisprudential and legal effects on annulment of marriage. International Interdisciplinary Conference, 3514–3533. [In Persian]
2. Ebrahimi, S., & Sadri, A. (2024). The nature of the option of misrepresentation in marriage. Scientific Quarterly, 9(29), 1–20. [In Persian]
3. Habibi Tar, J. (2024). Analysis of the nature of dissolution due to hardship of the husband with reference to Egyptian personal status law. Scientific Research Journal, 1, 1–15. [In Persian]
4. Hosseini, S. A. (2022). Causes of annulment of marriage and duress from the perspective of the jurisprudential system. Scientific Research Journal, 20, 307–328. [In Persian]
5. Iran Civil Code. (1928). Civil Code of the Islamic Republic of Iran, with later amendments. [In Persian]
6. Iran Constitution. (1989). Constitution of the Islamic Republic of Iran. [In Persian]
7. Javanmard Farrokhani, A., & Ebrahimi, S. (2024). Obligation of spouses to treat diseases causing annulment of marriage. 2, 227–247. [In Persian]
8. Mazandarani, M., & Salehi, A. (2024). Relative possibility of the effect of news on annulment of marriage and return. Political Law Scientific Journal, 210, 5–32. [In Persian]
9. Mehrikhani, A., & Ebrahimi, S. (2024). The effect of human papillomavirus disease on annulment of marriage by the husband. Legal and Research Journal, 18(59), 613–625. [In Persian]
10. Moghadam, N. (2022). Legal defects permitting annulment of marriage. Scientific Research Publishing, LSC, 55, 91. [In Persian]
11. Mousavian, A., A'zam Sadat, & Saberian, M. (2024). Feasibility of annulment of marriage based on non-explicit defects. 19, 93–118. [In Persian]
12. Rezaei, L., & Rezvani, A. H. (2024). Possibility of expanding or restricting defects leading to annulment of marriage in jurisprudence. Contemporary Iranian Political‑Social Developments Journal, 3, 328–350. [In Persian]
13. Roh, M. R. (2024). Non‑financial rights of spouses and their misuse by denying their instances. Political Science Journal, 3, 227–247.
14. Sabahani, A. (2021). Effects of annulment of marriage in Iranian, French, and English law. 9, 125–137. [In Persian]
15. Sadeghi, T. (2017). International Conference on Innovation in Humanities and Cultural Studies. [In Persian]
16. Salarinejad, M. (2024). Existing diseases as grounds for annulment of marriage. Journal of Jurisprudence and Law, 32, 44–59. [In Persian]
17. Seyyed Hassan Mousavi‑far, Yazdani, Gh. R., & Haqpanah, R. (2024). Annulment of marriage after puberty and duress. Jurisprudential Research, 2, 341–344. [In Persian]
18. Shabani, K., & Mohsen, M. (2019). [Article]. Journal of Jurisprudence and Legal Studies, 3, 80–107. [In Persian]
19. Sobhani, A. K. (2025). Dowry of the husband after dissolution of marriage under Afghan law. 7, 134–149. [In Persian]
20. Taheri Salari, F., & Vatanparast, F. (2018). Effect of the no‑harm rule in extending defects permitting annulment of marriage. Scientific Research Journal, 4, 114–139. [In Persian]
