Subtopic 2—Marriage Portion
Article 98:
The payment of marriage portion shall become imperative with XXXX, full privaoy between the couple and with the death of one of the spouses even thought it may have taken place before the copulation or full privacy between the spouses.
Article 99:
The wife shall be entitled to specified marriage portion. If the marriage portion is not determined during the conclusion of marriage and/or it is negated, the payment of accustomed to marriage portion shall become necessary.
Article 100:
Property whose ownership is transferable may be determined as marriage portion.
Article 101:
(1) During the marriage contract all or part of the marriage portion may be determined to be paid immediately or mediately.
(2) If the marriage portion is not determined clearly, the custom of the locality shall be resorted to. In the event of separation or the death of the husband, the payment of mediate marriage portion shall be made in a shorter period of time unless at the time of marriage contract an indication was made to a definite period of time.
Article 102:
(1) The husband may increase the amount of marriage portion after the marriage is concluded.
(2) Increases in the amount of marriage-portion shall be subject to the following conditions:
1 – The amount increased should be known.
2 – The wife or her guardian should accept the increase.
Article 103:
(1) A mature woman has attained legal marriage age can, by her won consent, waive all or part of the marriage-portion left unpaid by the husband.
(2) The father of the wife who has not attained the age provided in Article (70) of this law, can in no way waive the marriage-portion payable by the husband.
Article 104:
Where a woman has given discretion to her husband to fix the marriage-portion and where the marriage-portion has not been specified she can demand the husband to determine her marriage portion after or prior to the XXXX.
The husband shall be obliged to fix her marriage-portion. In case of refusal, the wife can demand from the authoritative court to fix the marriage-portion.
Article 105:
If separation takes place before copulation of full privacy between the couple, the wife shall be entitled to half of the specified marriage-portion and in other cases she shall be entitled to half of the accustomed marriage-portion.
Article 106:
If separation takes place by the wife prior to copulation or full privacy her marriage-portion shall be completely abolished.
Article 107:
When separation takes place between the couple prior to copulation or full privacy, the wife shall be entitled to a usual clothing and the like. In determining the kind of XXXX, the financial XXXX of the husband shall be taken into account and the cost shall in no way exceed half of the accustomed marriage-portion.
Article 108:
Where divorce takes place prior to copulation, when the marriage-portion has been specified, and the husband then dies, the wife shall not be entitled to get the clothes. If the divorce taken place after copulation, whether the marriage-portion is specified or not, the wife shall be entitled to get the clothes.
Article 109:
When a person gets married during a fatal sickness and fixes the marriage-portion of her wife more than the XXXX marriage-portion, the excess shall be subject to the provisions of the will.
Article 110:
Marriage-portion shall be considered the property of the wife. She can exercise any ownership power over her marriage-portion.
Article 111:
When the wife offers as a gift all or part of her marriage-portion to her husband before or after acquiring ie, and hen divorce occurs before copulation, the husband cannot demand half of the marriage-portion.
Article 112:
Where the marriage-portion is neither cash nor a popular thing, and the wife offers half or all of it to the husband as a gift and when divorce takes place prior to copulation, the husband cannot demand anything in the name of marriage-portion.
Article 113:
The father cannot give, totally or partially, his daughter’s marriage-portion as gift.
Article 114:
The wife cannot be XXXX place all or part of her marriage-portion at the disposal of the husband or any other person.
Then the wife dies before acquiring all her marriage-portion, her heirs can demand from the husband the marriage-portion and in case of the death of the husband, they can demand it from his heirs.