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Reflection On Marriage Registration System

Posted on:2007-01-02Degree:MasterType:Thesis
Country:ChinaCandidate:L PengFull Text:PDF
GTID:2206360185472045Subject:Law
Abstract/Summary:PDF Full Text Request
Our country current " regulations of registration of marriage " regards marriage registration as necessary term of the mariatal establishment,this helps the country prescrib the behavior of getting married through compulsive means norm of the law, prevent and reduce the illegal marriage, protect the good will party and their children interests. But influenced by traditional custom in actual life, the marriage system of the ceremony have prevailed for a long time in our country, people take ceremony seriously and despise marriage registration , make the custom of acknowledging marriage by holding the wedding. This has caused the existing in a large amount of fact marriage , if the legislation rejects the effect of the fact marriage simply , it unfavorates to protect right of the weak , safeguard the overall situation of social stability; Even it leads to the fact that a lot of people utilize the defect legislating to establish a lot of de facto marriages , which violates the principle of the marriage law " monogamy ". And " regulations of registration of marriage " has initiated extensive dispute after issuing, It's necessary to analyse comparatively " management rule of registration of marriage " and " regulations of registration of marriage " of necessary comparative analysis, finding out the defect of" regulations of registration of marriage ".Chpater one mainly begins from the related concept of marriage and marital establishment related , marriage is both sexes union , male and female take living the life together as a goal, has husbands and wives status which it shows. Because the arranged marriage, the forced marriage, the de facto marriage are all been called the marriage, therefore the validity is not the marital necessary important document. The marital establishment refers to between men's and women's both sexes relations because of conforming to the legal tenable important document and the law thinks the marital relations has its existence. The marital establishment needs conditions of form: legal marriage or fact marriage. According to our country's legal rule, the legal marriage regards the marriage registration as the marital establishment necessary important document. But invalid marriage was the marriage which already established, it is not conform to the conditions which the marriage law stipulated, so...
Keywords/Search Tags:Marriage, Establishment of the marriage, Registration system of the marriage, De facto marriage, " regulations of registration of marriage" Introspection
PDF Full Text Request
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