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Legal Analysis Of Credit And Debt Disputes Case Wuhai-xia V Hongzhu-qing

Posted on:2011-09-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y XuFull Text:PDF
GTID:2166360305964902Subject:Law
Abstract/Summary:PDF Full Text Request
Extramarital cohabitation and its related problems could not be ignored, which means that how to regulate and judge extramarital cohabitation is inevitable. In current situation of our country, most of the people consider extramarital cohabitation as unadulterated ethical issue which has nothing to do with the law, when face with the problem, the aggrieved parties always chooses to ignore it. This study introduct the Wu Hai-xia v Hong Zhu-qing and analyze its trial and verdict, some concepts involved in this case were explained and distinguished, at the same time, the vulnerable parties and their manifestion in extramarital cohabitation were analyzed, we hold the idea that extramarital cohabitation should be regulated based on legal justice so that the fair justice in society and realization of people's liberty could be maintained.In this article, chapter one introduced the statement and judgement of the case, which set base on the analysis of this case. Chapter two mainly focus on the discussion and analysis of specific questions, we introduced and expounded the concept of extramarital cohabitation. In this article, we also analyzed the role of two parties in extramarital cohabitation, we held that it was essential to build extramarital cohabitation law system because the treatments of two parties in extramarital cohabitation issue are not fair. In chapter three, we mainly discussed classic law system of extramarital cohabitation overseas, which could provide some inspiration for construction of correlated law system. In chapter four, we provided value selection and proper mode for consutructing extramarital cohabitation law system in China, this mode suggests that court should confirm the contract existed between parties in extramarital cohabitation issue and choose this contract as mainstay to hear the case, no matter the contract is express or implied. If there is no contract existed between the two parties, the court should judge the issue based on the law before the fact. So, extramarital cohabitation could be brought into legal regulation category, which would be helpful for extramarital cohabitation dispute settlement and protection of volunerable parties.
Keywords/Search Tags:Extramarital cohabitation, legal justice, contract
PDF Full Text Request
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