Agreement In Restraint Of The Marriage
- Posted on September 9, 2021
- in Uncategorized
- by admin
Another exception to the rule of limiting trade restriction agreements is provided for in the Partnership Act of 1932. The law provides for three exceptions. These are as follows: an agreement limiting marriage differs from both a marital intermediation contract and an engagement contract. Section 27 of the Indian Contract Act cancelled all pro-tanto trade restriction agreements, with the sole exception of the sale of exploitable property or goodwill. However, it is important to understand that these agreements are non-illegal. In other words, these agreements are not illegal, but they cannot be brought to justice if one of the parties does not fulfill its part of the agreement. Unlike customary law, partial agreements aimed at restricting trade or appropriately restricting under the Contracts Act are also not valid. Both exceptions are provided for in the Law on the Sale of Business Property or Companies and the Law on Partnership. Section 27 of the Act refers only to one exception that favours the restriction of trade, that is, the sale of business property or corporations. Another exception is the Partnership Act.
For example, in today`s world, higher education often extends well beyond the age of majority. If the Commission`s proposal has been respected, a parent can conclude an agreement with his or her child not to marry until they have completed their studies. This would contribute not only to obtaining comprehensive training, but also to the possibility of entering into marriages at a later stage where the parties would be more mature and the chances of a stable marriage would increase. Scott-Smith, J. added: “To impose such a custom would be to say that an adult woman cannot marry a man unless the latter pays a large sum, which might be impossible for him, to his close male relative. It would be customary to restrict marriage and go against the principle of section 26 of the Contracts Act. Shalini has an office supplies and book shop in a village of Bareilly. A Zahida person plans to open his store with similar goods in the same place. Fearing competition in the market, Shalini struck a deal with Zahida not to open his business in the region for 15 years and promised in exchange to pay him a certain amount of money each month. . .