On The Contractual Nature Of Marriage

Marriage and family relation is closely linked with us which is the mostextensive and universal relations in human society. Marriage,family and love isthe everlasting topic in literature works. Marriage is sacred and solemn which needresponsibility,tolerance and comprehension. We could say the marriagerelationship is the most ethical in all society relations. So regulate marriagerelationship should include law,morals,custom,public opinion and so on, amongwhich law is the strongest control measures. Our current Family Law makes greatprogress after amend in 2001,and supplement many new systems, such asannulled marriage,invalid marriage,compensation system of divorce harm andso on, soon after announced two judicature explanation. Every law has purpose,the aim of marriage law is protect the freedom of matriomony. We should startwith the nature of law when seek the purpose of law .Only understand its naturecould we more thorough comprehend the regulation. The author plan to approachthe essence of marriage institution which start with the theory of marriagerelationship, and according to our national conditions, put forward proposal toperfect our marriage system.This artical about thirty nine thousands numbers, include five parts. The partone is approach of the nature of marriage ,the part two is the essence of marriagecontract ,the part three is marriage contract influence the marriage legislation ,thepart four is the marriage contract on our current marriage law, and the last part isthe guidance of marriage contract in our legislation.In part one, the author put forward her endorse opinion, namely : marriage isform of both sexes combined, which man and woman live together in couple' sname, then the masses also think they are man and wife .Marriage should includesuitability,objective and overt. The author proved the found of marriage form timeimmemorial is conform to the feature of marriage. And in different conditions theexpression form is difference.In part two, the author put forward the nature of marriage is contract, andanalyse the marriage contract different from other contracts, expound the freedomof marriage, the intervention of public power if necessary. In part three the author expound the meaning of marriage contract.It couldprotect the personal power in best limit, realize "status to contract","familystandard to personal standard ", reflect the freedom of marriage in personalstandard society. At the same time ,the academic circles could go deep into reflecton the adjust scope of marriage law. And in this part the development of marriagecontract is also expounded.In part four the author expound the establish of marriage,person relation andproperty relation in marriage,remove of marriage and so on to analyse ourcurrent marriage law essence reflect freedom,equity and justice.And in the final part, the author put forward proposal on our currentlegislation, include set up duty of breach marriage promise, standard realitymarriage, add consultation of couple's relation, distinguish the breach liability andtortious responsibility in marriage.