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The Analysis Of The Contract Marrige System

Posted on:2017-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z Y YangFull Text:PDF
GTID:2296330488965263Subject:Law
Abstract/Summary:PDF Full Text Request
Marriage is an integral part of most people’life. It is to maintain the important link between the two individuals and two families. Now, in modern China, marriage is full of emotion, such as moral, spiritual attribute, and also contains the material aspects such as housing, income requirements. At the national level, marriage has always been highly valued, because it is related to a country’s social stability, the reproduction of population, and is the important foundation of a nation’s survival and development. Throughout the contemporary marriage legislation, there is no doubt that most countries have provisions monogamy principle, and the conclusion of the provisions of the marriage of the various elements in detail. There is no exaggeration to say that the countries take great pains to build a reasonable order of marriage. But, despite a great emphasis on the marriage legislation, but the marriage itself consists of various elements, which mainly are subjective factors. At present, the rising divorce rate, rate of unmarried cohabitation, showed that the marriage situation of reality is not optimistic. In the face of the grim situation, we must explore the fountain of marriage, from the essence of marriage, to seek enlightenment. About marriage theory, there have been many different marriage relationship theory highlighting the nature, there are mainly system of ethics, identity, and contracts, various theories which have their own advantages and disadvantages above.The author support the marriage contract, because marriage contract on many levels has a high degree of similarity, the establishment of the marriage contract is conducive to protect the personal rights and property rights of parties, the "marriage law" to maintain the personal and property rights and obligations. This article explores the origin and nature of marriage, clarify the marriage relationship with the contract, based on the theory of the marriage contract theory to interpret the feasibility and necessity of marriage contract, with contract theory to re-examine the marriage system in our country, and puts forward the idea of the institution of marriage contract, no doubt to our country by reconstructing the institutions of marriage theory innovation and has positive significance.
Keywords/Search Tags:marriage, contract, paternity right, property rights
PDF Full Text Request
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