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On the facts of the legal regulation of marriage

Author: LiNingHuan
Tutor: LeiMingGuang
School: Central University for Nationalities
Course: Civil and Commercial Law
Keywords: De facto marriage Form marriage Marriage Registration Legal adjustment mode
CLC: D923.9
Type: Master's thesis
Year: 2011
Downloads: 256
Quote: 0
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Abstract

Marriage is essentially a social phenomenon, which is a social relationship between people. Since the entering class of human society, the marriage became legal to adjust the object. The law is set up for the marriage of the two on the legislation, that is, doctrine and forms of marriage, de facto doctrine. Under the doctrine in the form of marriage, regardless of the legal marriage ceremony or marriage doctrine, will have a de facto marriage. Due to lack of legal marriage and the fact that the formal requirements required by the form and substance of things caused by conflict, with the purpose, reality, publicity and unlawful sexual characteristics.Our law only recognizes marriage after marriage registration, but in real life there are a lot of de facto marriage, which produced a variety of legal issues, which makes the fact should not be protected and how to protect marriage and the issue can not be avoided. Patients from abroad, the legislation point of view, the fact that marriage in general to take doctrine or ceremony of marriage registration marriage state doctrine, this article through common law and civil law systems typically compare the relevant national legislation and from national law, the legislative focus, the force of law, property rights, treatment, maintenance claims, inheritance rights, etc. as a standard to make that distinction. Conditions to give de facto recognition and legal effect, as have the fact that the marital relationship with the parties to provide legal remedies a common practice in countries around the world.From the founding date, China’s attitude on the fact that the main experience of marriage is recognized, the recognition of conditions, does not recognize, the relative recognition of four stages of development. Defects in the legislation on marriage and the fact that mainly reflected in two aspects:First, the fact that our laws on marriage without a clear and coherent manner; Second, go through the registration should be provided, but no relevant procedural requirements and the actual operational is not strong. Improvement of the fact that defects in the legislation of marriage is not only the needs of real life, history and traditions of the push requirements, it is marriage itself demands. Recommendations proposed in this paper, our country can maintain the current provisions of the marriage registration system, conditional recognition of non-registration of marriage, the perfect marriage registration process, improve the legal concept of marriage and to improve our legislative system, change the first action after registration accepted way of recognized the fact that marriage provides standards and certification process, specific provisions dealing with property relations, conditional recognition of the fact of marriage, specifically the fact that the meaning of marriage to determine the facts that can be recognized form of marriage, the marriage being recognized by the fact that the effectiveness of specific provisions, from the fact that fundamentally improve our system of marriage legislation, and promote the fact that the marriage of the further development of related systems.

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