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The Legal Issues Of Marriage Research

Posted on:2012-09-02Degree:MasterType:Thesis
Country:ChinaCandidate:T WuFull Text:PDF
GTID:2216330371454187Subject:Law
Abstract/Summary:PDF Full Text Request
Since the founding of New China, China in 1950 and 1980, has issued two "marriage" were not a clear requirement for marriage, but in real life, especially in the minority and the vast rural areas, the phenomenon of marriage entered into before marriagewidespread, has become a necessary procedure before marriage.And marriage is accompanied by the bride price, marriage entered into when the masses to Fucai Li has also been recognized as a kind of customs.However, to make marriage to Fucai Li, and expectations of the parties can not produce legal effects; after the dissolution of a marriage is often accompanied by the return of bride price, bride price for the return of our 'marriage' has not not expressly provided for, therefore, the district court based solely on ourSupreme Court judicial interpretation of a mere few sentences.In practice, how to correctly grasp the problem, there are still many issues worthy of that analysis, it should be said, marriage and bride price is not marriage a hot research field, but it is indeed a big blind spot of legislation.Therefore, the authors cited in this article three cases, the cases described in the legal issues in order to be able to do in-depth discussion. In addition to this introduction and conclusion, but is divided into four parts.Part I: study of the origin, the typical case leads to problems.Part II: The Case of the legal issues involved in the marriage system in a comparative study.The nature of marriage, dissolution of marriage, marriage, and when the effect of the damages described, with a view to the law of the case involved to answer the questions. Part III: The case involved the dissolution of a marriage after the bride returned to study the issue.First author of the bride, and to identify the nature of Fucai Li, and then studied the return of bride price.Part IV: Based on the earlier case involved the basic theory and discussion of controversial issues, the authors cited a detailed analysis of the case.The problems for the case to explain the necessity of marriage legislation, and then put forward their own proposals.
Keywords/Search Tags:Marriage, bride price, property return
PDF Full Text Request
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