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A Study On Invalid Marriage System

Posted on:2009-10-22Degree:MasterType:Thesis
Country:ChinaCandidate:J LiFull Text:PDF
GTID:2166360248452525Subject:Law
Abstract/Summary:PDF Full Text Request
The first law is "Law of Marriage and Family" (in 1950) after establishing the People's Republic of China, with substantive requirements and formal requirements about marriages, but without content about invalid marriages system, which is the same to "Law of Marriage and Family" (in 1980). Our marriages system can't be carried out well because of the long - term defect of invalid marriages system. Eventually, "Law of Marriage and Family" (bill of amendment) (in 2001) adds the contents of invalid marriages system. The bill of amendment is only a transition to marriage and family part of civil law, so there are still many places about the content of invalid marriages system which need further perfection. Legislative proposals are put forward to perfect our active invalid marriages system, based on elaborating on basic theory of invalid marriages system with contents and defects of our invalid marriages system. The text is made up of four parts besides preface and conclusion. The first part mainly introduces the basic theory of invalid marriages system, including the concept of invalid marriages, the history of invalid marriages system. The second part mainly talks about the construction of our active invalid marriages system. The third part puts the emphasis on the analysis of our active invalid marriages system's detailed contents from four angles including legal causes, claimers with application term, legal procedures and legal consequences, then points out the defects after looking back the history of our invalid marriages system. The fourth part gives proposals about how to perfect our invalid marriages system in respect of reconstruction of legal causes, various types of effectiveness, then how to punish the faulty side and relieve the guiltless one, through analyzing the basic theory of invalid marriages system and the details of our active invalid marriages system, learning from legislative experience of other countries, respecting our historical tradition.
Keywords/Search Tags:invalid marriage, voidable marriage, legal procedures, legal consequences, perfect
PDF Full Text Request
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