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Discuss The Elements Of The Marriage Forbidden

Posted on:2013-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:X X QinFull Text:PDF
GTID:2246330362475560Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Marriage is a very important social relation. From the view of the individual rights, theestablishment of marriage relationship between parties was free and meanwhile influencedtwo parties’ whole life well-being; From the social public interest angle, marriage is related tothe stability of the society and human being’s multiply. Therefore, marriage relationship is notonly a basis of one person’s life happiness, but also a basis of social stability. Hence, it isnecessary for us to make a good balance between marriage parties’ individual interests andsocial public interests. The provisions of the marriage law about the establishment of marriagerelationship must reflect a unity of freedom and order. Therefore the marriage law of ourcountry establishes the principle of freedom and meanwhile makes a moderate restriction onthe freedom of the establishment of marriage relationship based upon social public interests.In this case, the main elements of the marriage forbidden system are made. In other words, themain elements of marriage forbidden system are a specific reflection of the needs of socialpublic interests in the marriage law.The constituents of the marriage forbidden are a reflection of codified laws that is notallowed to marry. The elements of the marriage forbidden system are a reflection of the unityof the personal interests and social interests. The writer makes a detailed analysis on themarriage forbidden and has a historical study from the longitudinal perspective and has acomparison between the domestic and external from the transversal angle. It reveals thevalues and functions of marriage forbidden and the objective law that the provisions changeas the marriage functions vary. We analyze the deficiencies of the constituents of the marriageforbidden and propose the revised proposals out of the analysis of the present social reality ofour country and the specific provision of marriage law.
Keywords/Search Tags:the elements of the marriage forbidden, the relatives of marriageforbidden, the disease of marriage forbidden
PDF Full Text Request
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