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Researches On French Divorce System

Posted on:2018-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:J M FengFull Text:PDF
GTID:2346330515990474Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
In 2004,there was a significant reform on the French divorce system.This revolution is realistic for France,with low rate of marriage but high divorce rate.It is inevitable to improve French divorce system when facing all kinds of challenges for France.For our country,although our divorce system can deal with divorce problems basically,it can't cope with all the problems arising in divorce.Therefore,it is very necessary to perfect our country's divorce system by referencing the divorce system of other countries.The thesis is divided into three parts,about 31 thousand words.The first part is about the historical evolution of French divorce law.Marx pointed out that the law is based on society,so this part mainly is to do an in-depth study on the marriage perception of Catholic and the divorce rules in French divorce law of 1792,1884 and 1975,including grounds for divorce,procedures for divorce and consequences of divorce from historical and social perspective.The second part is about the main content of the current divorce system reform in France and the characteristics of reform.This part elaborates on the four divorce legal grounds of the current divorce system in France: mutual divorce,accept the principle of interruption of marital relations,irreparable deterioration of marital relationship and divorce due to fault;then,introduce the procedures of mutual divorce,and the content and comments on latest mutual divorce,procedures of other divorce grounds and mediation.Secondly,to present the divorce consequence on couple personal relationship and property relationship,parental relationship and the relief measures,including compensatory allowance,divorce damages compensation,and lodging help and legal comments on distinctive compensatory allowance.Finally,to sum up three major characteristics of current French divorce,including more convenient to divorce,such as no property disputes and do not involve child support two divorce cases no longer need to go through the judge divorce,dilute the fault in divorce proceedings,such as faulty parties can also get compensatory allowance as well as enrich the contents of the divorce relief system,such as compensatory allowance system grow up more determining factors.The third part is about inspiration on Chinese divorce system.This part mainly shows the phenomenon of high divorce rate in our country,especially after 2003,thenumber of divorce in administrative registration gradually increased;introduced our administrative registration divorce and litigation divorce in two ways,litigation divorce mediation system,divorce economic compensation system,Focusing on the analysis of their problems,and then tap the French divorce system can learn from,so as to improve the system of divorce in China,such as the establishment of divorce considerations,pre-divorce mediation system,change the conditions for economic assistance and increase the amount of economic help Considerations and so on.
Keywords/Search Tags:French divorce, divorce legal reasons, divorce proceedings, divorce relief
PDF Full Text Request
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