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The Expansion Of Civil Status

Posted on:2016-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y TianFull Text:PDF
GTID:2296330479977712Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
With the meaning of law of status actually appears quite early, the earliest can be traced back to the three status in ancient Rome period, namely, free man- slave, father- family, members of the public and non public status. With the development of modern society, the follow-up effects presented in Henry Maine "from status to contract" judgment and the effect of civil code, status is slowly restricted to relatives and family law field. However, with the development of markete conomy, And the status of the feudal society is different with the status of the modern civil law,and the status of modern civil is showing a trend of expansion. In this paper, in a different context and different historical periods of the status as the starting point of the research, development of intension and extension of status in the legal field are analyzed, providing the basic research to the expansion trend for the source of civil status.That imbalance, in the freedom of contract and the status about frequent expansion movement under the background of civil law, the status is not limited to family law field, in addition to other social relation and the other also has status exists and functions, the status functions from pure distinction function expansion to distinguish relatives, the correction function, the interests of balance. At the same time, in the civil law of our country has a unique status expansion background, it is "from status to contract" and the status of the expansion at the same time, on the basis of this,the expansion of civil status in our country has its unique place. Finally, it was pointed out that civil law theory should be carried on to make legal adjustment in the expansion of civil status, and adhere to the contract based, supplemented by status, statuse quality and status constrained adjustment principle.
Keywords/Search Tags:Civil law, Status, Status expansion, Legal adjustment
PDF Full Text Request
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