Form Elements On The Establishment Of The Marriage

In addition to the establishment of marriage must be the substance of the law to marry outside elements, but also in accordance with the procedures stipulated by law to obtain a formal legal marriage, this procedure is established in the form of elements of marriage, it is also in this paper to study the object. This thesis, from the basic theory of the establishment of marriage and marriage form elements, by the comparative analysis of marriage form elements in different countries, and then examining our country's marry form elements through the view of history, points out the unreasonable parts of our country's single marriage registration system and the admissibility of the ceremony marriage system, and remodels the form marriage.There are three parts:Part One: the basic theory of marriage foundation. This chapter at the establishment of the concept of marriage and the elements of marriage, the establishment of an effective marriage, marriage is not set up with the marriage null and void on the basis of an analysis on, come to the conclusion: the establishment of marriage as long as the social public, making the non-specific article three can be informed of the marital status of both men and women can be, to the legitimacy of marriage as are unreasonable.Part Two: the elements of marriage. This chapter analyzes the meaning and functions of the marriage form elements; then makes the comparative study of the marriage form elements. By analyzing the marriage form elements in different countries, we should give enough respect and emphasis on the individual who is in marriage and try to give the parties greater autonomy on marriage.Part Three: the examination and reconstruction of marriage form elements. This section of our country since ancient times marriage has been the form of a review of existing Chinese laws adopted by the registration of the marriage system of unreasonable conduct a review, clearly recognized the reality of the marriage ceremony, the necessity and feasibility. Finally the proposed registration system should be taken to our country with a ceremony and take the way the system and respect the choice of the parties to resolve the existing contradictions.