Mistake in the Character of the Parties in Marriage Contract and its Impact on Afghan law

Abstract

Mistake based on Article 562 of the Civil Code, that is considered as a defect of will in contracts, is also of special importance in marriage. Mistake in a marriage contract is a wrong perception of the fact that one of the parties to the contract is related to the physical, civil, or character identity of the other party; Therefore, it is considered necessary to investigate the mistake in the marriage contract and its impacts. In the present research, an attempt has been made to study, using the library method, document productivity and in a qualitative, descriptive and analytical way, the mistake in the character of the parties to the marriage contract and its effects in the legal system of Afghanistan; Therefore, the answere of the question is, whether the wrong perception of reality harms the validity of the marriage or not and what impacts does it have? The findings of the research show that the mistake in the marriage and its effects are as following: the mistake in the physical and civil identity, which forms the basis and foundation of the marriage, disrupts the nature and centrality of the marriage and causes the marriage contract is nullity. A mistake in the basic attributes, which is caused by the mistaker himself or in the form of manipulation, constitutes an important part of the marriage, and creates the right of termination for the mistaker. A mistake in the direction and motivation does not affect the validity of the marriage contract