The Reform Of Marriage Relationship In Mali

The reform of marriage relationship in Mali and prospects of monogamy in China, is the study on polygamous with its inconvenients and how to change it to monogamous as the example of monogamy in China.That is a methode to inform Malian people about the security of family assets still in the interest of good organization of the family after marital plan options. The thesis helps to make a clear distinction between so-called personal property and those of family which leads to a consideration of the well-known concept of "family "properties. This incorporation of the concept of "family" teachs:how property avoids the excessive use of the property to the detriment of the family by the husband that is in bad faith or because it may lead any family needs for its lavish attitude. As usual, each spouse has rights and duties, not only to his spouse but also to the whole family for the harmonization and proper functioning there of.The Chinese marriage law painstakingly defines the rights and duties of spouses for each act in the strict necessity of understanding family. The Chinese marriage law enables expanded choice of matrimonial regime contrary to Malian《marriage law and tutorship》; it helps to give married couples the freedom to choose their matrimonial regime but also to act according to this choice. The thesis also provides the right to amend the original scheme, determining the conditions of alteration. It must be three cornerstones of consolidating the Family:Thirst, independence (not self) spouse is insured on a professional level. Secondly, it is also in their personal lives in terms of powers that the new law gives them. At the end the perspective of Chinese marriage law introduces the principles of trust between spouses in that it presents the hypothesis of transfer of powers and representation of spouses in their reports. For the successful organization of the family, it is not enough to hold only the initial cell, but also that of the heirs of both spouses or common for the heirs of each spouse took particular:namely, the relationship that should exist between legitimate children and illegitimate children of the spouses for the devolution of property.It is an innovation the rights of a spouse to inherit, the acceptance and renunciation of succession; the vacant successions; the obligations of the heir beneficiary. This in succession the thesis provides a real conversion rights and that Islamic law can serve as a shared basis, taking into account the interests of the child allows publishers to place children on equal footing; to address an apodictic made between children called natural or legitimate. We wish that the reflection of the traditional past coexist with the new guidelines printed in the perspective of Chinese《marriage law》. In Mali the choice is given to man to be head of the family and to choice the residence of the family.The work also teachs the seeds of equal rights in the Chinese《marriage law》. Also the thesis prepares the couple to bring their families from the formation of marriage to the succession or dissolution according to the circumstances of daily life to which they may confront.The fiirst chapter is about the traditional marriage and the socio religieuse effect on Malian marriage system, the obstacles of marriage, and the socio religieuses difficulties of polygamous system of marriage. The search for unity is the main problem.It's quit necessary to adopt monogamous convenient for social, economical, financial development. The Malian《marriage law and tutorship》haves many imperfections.The Code has 109 articles highlighting the marriage. The non-specific aspects of succession pose enormous challenges to consolidate matters of family law and people. This diversity gives the impression that these materials have no link between them. It highlights the imperfections of《the Malian code of Marriage and Tutorship》since 1962, Act No.62-17 AN-RM:"《Code of marriage and Tutorship》"The second chapter is about polygamous system of marriage. It gives an overview of the Malian traditional marriage and the socio religious (Islam) effect on it. It examines the procedure in cross marriages (inter religious, ethnicity, the cast system, with interdiction between nobles or lower class members) it treat also spouses'right and duty.Sometimes it is the Islamic law that serves as a shared basis.The third chapter is about the new project of Malian marriage law《projet law of persons and the family》, needs real conversion of human rights.. Besides the field of economic, financial, marriage the Republic of Mali must make tremendous efforts to adapt its law to regional and international requirements. Although my country lags behind other countries in relation to family law:(Senegal, Burkina Faso and Niger) where already existed family codes, and the Codes of Persons and Family long. It swings between two approaches:it encourages the family (father, wife and children) without banishing the family lineage. The traditional highlights of the past must coexist with the new guidelines printed in the preliminary draft of the Code. Indeed: The specter of resurgent virtual cover (choice of residence, family head) who can be seen as a regression of current unfavorable to women is not one. The seeds of equality of rights are emerging through:the status of spouses and the right to divorce.The fourth chapter is about Chinese system of marriage:monogamous marriage. The example of《Chinese marriage law》teaches the family in the sphere of《corporate law》. The right of parentage has been rebuilt with humanism without precedent! The Chinese《marriage law》haves taken much account of the influence of medical progress on the family and were therefore protected against the perversion and decadence. The divorce law, apparently it allows the family not to break" because of the opportunities given to spouses organize their final separation. The importance of the perspective of Chinese marriage implicitly shows that the new horizons of the family takes into account other values that Malian shares with the community through international conventions, sub regional, regional and international organizations. For a good family organization we have to ensure its alignment from the formation of marriage until the dissolution or succession. This devotes an evolution of the family, the political economy pulling itself out of the family's traditional spheres (polygamous marriage with all the disadvantages). And the reform of family law bears the marks of these national and international instruments.The fith chapter is about the weaknesses, the inconvenients of polygamous the reasons of changes (polygamous system to monogamous system) for children and their education, for healthy, for peace in the family. The ongoing reform but whose evocation of the name alone is indicative of change to be made (pospects of Chinese monogamous) is not intended to upset the foundation of the family ("the moral and material direction of the family ") based on the primary responsibility of the spouses. But it reduces by greatness of soul the very "paternal" becomes parental authority! It gives a clear assertive personality while erecting its members the same rank on the rights with the "moral" preponderance of the husband.The thesis provides the requirements for marriage while determining strictly freedom of contract and warranties existing virtual or better harmonization of the family in China. Without being iconoclastic family lineage, it ensures all the comforts of a traditional family; innovation come from the emphasis on protecting the economic interests of the family after the use of the rights conferred to married couples for choose their matrimonial regime. The main building of the family:The perspective of Chinese monogamy takes the option to marry, which conforms to the beliefs of the intending spouses. It also determines the case of prohibitions, might render a marriage void if not impossible for reasons of inconvenience or even socially unacceptable immorality.