The marriage portion is considered as an exclusive conjugal rights of the wife and plays a considerable role in the couple’s relationship. However, setting the marriage portion in the large, irrespective of the fulfillment power by the husband, not only give rise to a many social and family problems but may also result in abusing the rights by some wives in the society.

Then, it seems to be important that if the realization of fulfillment power by the husband is a valid legal term, at the time of setting the marriage portion or not? Since such term can ensure the wife’s rights on one part and also the mutual consent on the large proportion of marriage portion, will not put the husband in the hardship at the other.

In this dissertation, we intend to prove that the validity of delivery power in the sale contract – with the samensess of cause of the Artichle 348 of Civil Act – could be generalized to the marriage portion contract. In this regards, there is no difference, if the subject of marriage portion is substance, debt, benefit, act or omission, even if the criterion of fulfillment power is various in many cases but the rudimental statute (i.e.absolute disaffirmation of risk) are the same, unless in the case that the Legislator gives required permission.

Any way, it seems that demarcating of the proportion set of marriage portion could ensure the wife’s rights and also not to cause the husband encounter difficulty and hardship.