Marriage Contract Theory

Abstract:Marriage system has a long history ,and the structure of marriage system reflects the people's perspective and position of marriage to some extent. In traditional theory, there are many theories about marriage: the ethics theory , the love theory, the identity theory, the system theory and the contract theory. In recent years, there are partnership theory and Covenant relationship theory after the traditional theories, but in essence, they do not surpass the contract theory. Contract theory was born in Western countries., and it has been accepted by more and more countries with the development of the times. " Marriage Law " manifest the concept of marriage contract fully from the spirit of the legislation, although the contract theory is not explained as the general theory clearly in our country's textbooks. Marital relationship will develop with social development, and marriage contract theory will be further developed and improved. This article content mainly minutes following three parts:The first part is an overview of marriage contract. It will distinguish the diffrence between the concept of marriage contract and the traditional concept .and then pursues ancient traces to analyze origins and generalization of the marriage contract theory deeply. Then it concludes that the marriage not only creates a contractual relationship in its own development, but also creates one status, so the contract standard could enter the status domain.The second part is the essential attribute of marriage contract. Marriage contract adjusts both status relationship and the property relationship. In this part I cleared the substantive characteristics of marriage contract and the difference from traditional contract. Then this part stated the marriage contract's essence formation to conclude that the marriage is a civil contract which possesses ethicality. The third part is the review of "marriage law" under the concept of"marriage contract " . Our country present "Marriage law" respects the litigants'free will, whatever in adjusts the personal relationship or property relationship between the husbands and wives sufficiently. Simultaneously, "Marriage law" has manifested the marriage articles spirit and the idea fully by regulating the action that violates public order and kind custom and other action against people's benefit .We analyze the marriage contract theory and review the marriage legislation, in order that we can treat our marriage more clearly and rationally. And through legal regime's design, prevents latent which in the marriage exists not to be equal, encourages the marital litigant long-term pledge, reciprocal sharing. And through the design of the legal system to prevent the potential inequality in marriage to encourage long-term commitment and mutual benefit sharing in marriage parties. In order that they can distribute marriage resources rationally and the freedom of marriage and the social justice could be realized finally.