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Iran: information on whether a mixed couple composed of an iranian man and a chinese atheist woman would encounter difficulties from the iranian authorities
Note: This translation of portions of the Civil Code if Iran is unofficial. We are not responsible for any errors or ambiguities.
There may be updates not included in this version. The Iranian text always prevails. Article dating It is lawful to ask for the hand of a woman to whose marriage there is no obstacle. Article - A promise of marriage does not create the matrimonial relation even though the whole or some of the dowry fixed for payment at the time of marriage between the two parties may have been paid.
Either the man or the woman, therefore, can, so long as the ceremonial act of marriage has not been pronounced, refuse the marriage and the other party cannot oblige her or him to contract the marriage or claim compensation for losses merely owing to the refusal. Article - Every one of the betrothed parties canif the proposed marriage is cancelled, claim man restitution of the presents given to the other party or to the parents for the marriage in question.
If the presents do not exist in original, the claimant is entitled to ask for their value of the presents which are ordinarily preserved unless the same presents have been destroyed without any fault of the party who was in their possession. Article - The stipulation of the foregoing Article does not apply as far as it concerns the payment of equivalent value in a case where the proposed marriage does not take place in consequence of the death of one of the betrothed persons.
Article - Each one of the parties concerned can, with a view to contracting marriage, ask the other party to produce a certificate of a doctor showing the freedom of the person concerned from serious contagious diseases such as syphilis, gonorrhoea and consumption. Note - Marriage before puberty by the permission of the Guardian and on condition of taking into consideration the ward's interest is proper. Article - The marriage of a girl who has not married ly is dependent on the permission of her father or her paternal grandfather even if she has reached the full age of majority.
If, however, the father or the paternal grandfather withhold the permission without justifiable reason, the girl can refer to the Special Civil Court giving full particulars of the man whom she wants to marry and also the terms of the marriage and the dowry money agreed upon and notify her father or her paternal grandfather through that Court of the foregoing particulars The Court can issue a permission for marriage fifteen days after the iranian of notification to the guardian if no response has been received from the guardian to satisfy refusal. Article - If the father or the paternal grandfather are not present in the place and obtaining their permission is customarily impossible and the girl is in need of marriage, she can marry.
Note - Registration of such a marriage in the Marriage Registry shall be pending on proving the above - cited instances in the Special Civil Court.
Iranian family law: unofficial translation of portions of iran's civil code
Article - Marriage with the following relations by blood is forbidden, even if the relationship is based on mistake or adultery:. Article - Foster relationship is the same as relationship by blood as far as impediments to marriage are concerned, provided that:. If, therefore, takes during twenty - four hours some milk from one woman and some from another, this fact does not debar marriage even if the two women have a common husband. In the same way, if a woman has a foster-daughter and a foster-son whom she has milked each from the milk belonging to a separate husband, that son and daughter cannot be considered as foster brother and sister and their marriage is not prohibited for this reason.
Article - Marriage between the following persons is permanently forbidden because of relationship by marriage.
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Article - Marrying of two sisters by the same by one man is forbidden even if the marriage of each one of them is of temporary nature. Article - No one can marry the daughter of his brother-in-law or the daughter of his sister - in - law unless his wife permits him to do so. Article - The provisions of the foregoing Article will also be applicable in the case where the marriage was solemnized with man of all or some of the facts mentioned in the foregoing Article, and the marriage has been consummated. In the case of ignorance, but where matrimonial relations have not taken place, the marriage iranian be null and void but marriage between the two does not become permanently prohibited.
Article - Separation caused by a solemn imprecation li'an involves a permanent bar to the marriage of the parties concerned. Article - A marriage contract will not be valid while the party concerned is covered with the pilgrimage garment. If the party concerned marries with knowledge of the fact that such a marriage is prohibited, the marriage will be barred forever. Article - Adultery with a married woman who has not yet passed the period of uddeh, will entail a permanent bar to the marriage of the parties concerned. Article - Sexual intercourse by mistake or by adultery if preceding dating is tantamount to the existence of marriage as far as prohibition of marriage is concerned but cannot cause cancellation of the former marriage.
Article - One who perpetrates a shameful act on a boy cannot marry his mother, sister, or daughter.
Iran family law
Article - A woman who has been the wife of a man for three consecutive times and has been divorced each time will become unlawful as wife to that man unless she is married by permanent marriage to another man and, after matrimonial relations with that man, separation occurs between them by divorce or cancellation of the marriage or death. Article - The wife of a person who has been divorced from him nine times, six of which were revocable divorce, will be illegal as wife to that man for ever.
Article - Marriage of a female Moslem with a non-Moslem is not allowed. Article - Marriage of an Iranian woman with a foreign national is dependent, even in cases where there is no legal impediment, upon special permission of the Government. Article - The Government can make the marriage of certain Government servants and officials and students supported by the Government with a female foreign national dependent upon special permission. Article - Marriage takes place by proposal and acceptance in words which explicitly convey the intention of marriage.
Article - The proposal and acceptance may be uttered by the man and woman themselves or by persons who are legally entitled to perform the act.
Article - The person who performs the act must be sane in mind, of legal age, and capable of forming, a decision. Article - It is a necessary for the validity of a marriage that acceptance should follow close upon proposal, in accordance with custom. Article - If one or both of the parties to the marriage are dumb, the ceremony can be conducted by s made by the dumb person or persons provided that the s clearly convey the intention of entering into the contract of marriage.
Article - It is a necessary condition for the validity of a marriage that the wife and husband should be so declared that neither party is in doubt as to the identity of the other. Article - A provision in the marriage contract reserving the right of cancellation of the contract, if made, will be null and void. But in a permanent marriage, a provision entitling one of the parties withhold the dowry is permissible provided that duration of this is definitely mentioned.
After cancellation of the grant of dowry sudaq the situation will be as if no dowry is mentioned in the contract of marriage.
Article - Consent of the marrying parties is the condition upon which depends the enforcement of the marriage contract, and if a party showing at first reluctance authorizes the making of the contract subsequently, the contract will be binding unless the reluctance is so acute that the reluctant person cannot be considered as having been in possession of any intention.
Article - Either the man or woman can depute a third party with power to contract the marriage.
Article - If power is given without conditions as to the identity of the, husband, the attorney cannot himself marry his principal under that power unless this permission is explicitly given to him in the power of attorney. Article - If the attorney does not observe what his principal has laid down in connection with the person or the dowry or other particulars, the authenticity of the marriage will depend upon corroboration from the principal.
Article - The provisions of the preceding Article will also be binding where the power was without any reservation and the attorney did not act according to the best interests of his principal. Article - Marriage is called temporary when it is for a limited period of time.
Article - The duration of the temporary marriage must be definitely determined. Article - In the case of temporary marriageprovisions concerning inheritance of the wife and her dowry are the same as fixed in the Chapter on inheritance' and in the following Chapter. Article - Anything which can be called property and which can be owned and possessed can be deated as a marriage portion.
Article - The marriage portion must be known to the marrying parties to the extent that their ignorance is removed. Article - Fixing of the amount of marriage portion depends upon the mutual consent of the marrying parties.
Article - If a condition is laid in the marriage act that if the marriage portion is not paid within a fixed period that marriage will be cancelled, the marriage and the iranian portion will remain binding and authentic but the condition will be null and void.
Article - Immediately after the performance of the marriage ceremony the wife becomes the owner of the marriage portion dating can dispose of it in any way and manner that she may like. Article - A duration of time or installments can be fixed for the payment of the marriage portion, as a whole or in parts. Article - If the marriage portion consists of a deated property and it is found out that before the celebration of the marriage, that property was defective, or that after the marriage celebration and before the delivery of the property it becomes defective or it was destroyed.
Article - So long as the marriage portion is not delivered to her, the wife can refuse to fulfil the duties which she has to her husband provided, however, that the marriage portion is payable at once. This refusal does not debar her from right of maintenance expenses. Article -If the wife proceeds to fulfil the duties that she has towards her husband by her own free will, she cannot subsequently avail herself of the provisions of the foregoing Article, but never the less she will not forfeit the right that she has for demanding the payment of the marriage portion due to her.
Article - If a marriage portion is not mentioned, or if the absence of marriage portion is stipulated in a permanent marriage, that marriage will be authentic and the parties to it can fix the marriage portion subsequently by mutual consent. If to this mutual consent matrimonial intercourse takes place between them, the wife will be entitled to the marriage portion ordinarily due. Article - In the case of the foregoing Article, if one of the marrying parties dies before the fixing of the marriage portion and before the consummation of marriage, the wife will not be entitled to any marriage portion.
Article - Authority for fixing man marriage portion can be entrusted to the husband or a third party, in which case both of them can fix it at any amount they may wish. Article - If the authority for fixing the marriage portion is vested in the wife, she cannot fix an amount which exceeds reasonable marriage portion.
Article - In fixing of the reasonable marriage portion dating status of the wife in respect of her family's station and other circumstances and peculiarities concerning her in comparison with her equals and relatives and also the customs of the locality, etcetera, must be considered. Article -If the husband divorces his wife before the consummation of marriage, the wife be entitled to half of the marriage portion and if the husband has already paid more than half of the marriage portion he has the right to demand the return of the surplus, in original, in the equivalent, or in va1ue.
Article - If no marriage portion is mentioned in the act of marriage and the husband divorces his wife before the consummation of marriage and the fixing of the marriage portion, the wife is entitled to a reasonable marriage portion, and if she is divorced after the consumption of marriage, she will be entitled to the equivalent of marriage portion. Man - The status of the man in respect of wealth or poverty will be considered in fixing the reasonable marriage portion.
Article - Absence of marriage portion in the act of a temporary marriage will render the contract void. Article - The death of the wife in a temporary marriage during the period of marriage will not cause the forfeiture of the marriage portion; the same will be true if the husband did not have any relations with her up to the end of the period of the marriage.
Article - If the husband waives his rights to the whole period of marriage in a temporary marriage before having any relations with the wife, he must pay half of the marriage portion. Article - If the marriage, whether temporary or permanent, was void, and there has not been any matrimonial relations, the wife will not be entitled to any marriage portion and the husband can demand the refund of the marriage portion if iranian has been settled.
Article - If the wife was ignorant of the fact that the marriage was unauthentic, and if in such case matrimonial relations have occurred, the wife will be entitled to a reasonable marriage portion. Article - If the specified marriage portion is unknown or if it is not of such a nature that it can be owned or if it belongs to reasonable marriage portion and in the third case to the equivalent of the value of the property which proved to be that of a third party, unless the latter authorizes the transfer.
Article - If the marriage is cancelled before matrimonial relations for any reason, the wife is not entitled to any marriage portion.
If the reason of cancellation is impotency, the wife will be entitled to half the marriage portion notwithstanding the cancellation of the marriage. Article - As soon as marriage takes place in due form, relations of matrimony will automatically exist between the marrying parties and rights and reciprocal duties of husband and wife will be established between them.
Article - Husband and wife must cooperate with each other for the welfare of their family and the education of their children. Article - In relations between husband and wife; the position of the head of the family is the exclusive right of the husband.