Legal Issues Of Identity Protocol

This article presented the concept as an agreement from the new Contract Law Article provides that "this law of contract is equal subjects of natural persons, legal persons and other organizations to establish, change or terminate civil rights and obligations of the agreement. Marriage, adoption, guardianship, concerning the status of the agreement, apply other laws." Second paragraph of this provision in the "personal relationship agreement", that is, the object of this research - status agreement. Because identity is based on blood relationship, marriage and the legal fiction blood to form a special relationship, involving the relationship between identity and identity-based relationship to a property, do not directly reflect the interests of property, and contract law major adjustment interest is the object of direct property rights and obligations, it is not applicable to the relevant provisions of the Contract Law to adjust the status of relationship. Similarly, as the agreement violated, and is not of course apply to the liability for breach of contract law requirements.Identity and relations is a huge complex system, generally speaking it includes blood relations and marriage. Genetic relationship between blood relations from the blood into the immediate and extended kin, and whether it is directly related by blood or collateral relatives by blood, but also referred to as natural blood. In this article mainly related to direct blood relatives. Exclusion of natural blood, the legal fiction there a special blood. The genetic relationship between the main legal provisions to mandatory norms, especially in the status of relations, relations between the law does not expressly give the right to freely negotiated between the parties, thus violating the legal prohibition of the agreement itself is invalid. In property relations, the law does not make provisions prohibited, liberty can be agreed upon voluntary compliance, but the party does not fulfill requirements stipulated in the agreement has not law enforcement, disputes arise due to litigation, the law will be made according to relevant laws and the corresponding treatment. Prepared by blood relations and marriage, the law gives identity in relation to certain aspects of the agreement parties may freely right, this is contract law, Article 2, paragraph 2, the real meaning, is this Shenfen protocol study. As the law gives her freedom to illustrate the legal recognition of their existence, therefore, only of the agreement as a necessary and meaningful.Since the agreement as permitted by law on the status of relations within the agreement, it would also appear along with the agreed terms of property relations, the particularity of identity-based relationship agreements, mainly used as an agreement to adjust the Marriage Law, the provisions in the Marriage Law does not provide or unknown circumstances, be permitted Civil Code and other relevant laws. At the same time, adjustment of status agreements for the various departments of some of the conflicts between law and shortcomings, has made some improvements in the system.