Research On Legal Institution Of Possession Of Status

The conflict between legal system of subjective design and natural evolution of social life seems to be inevitable.Not all of the status relationship in reality has into the scope of legal adjustment so that the family law of our country has ignored the identity relationship in reality that it has formed.The author studied the institution of possession of status in the laws of civil law countries,and the paper centers on the spouses and parentage to explore the possibilities of the institution of possession of status that be applicable to our country.The first chapter of the article combed the institution of possession of status systematically,introduces the origin,connotation,nature and constituent elements theoretically.The second chapter of the article introduces the legislation and judicial state of the institution of possession of status from the aspects of spouses and parentage,and analysis the necessity of the institution of possession of status.The third chapter of the article mainly introduces the rules about the institution of possession of status in foreign civil code,which include Italian civil code,Quebec civil code,and the Ethiopia civil code,and the French civil code and then reached a conclusion that it's necessary to re-establish an application of the institution of possession of status of spouses and parentage in the family law of our country by study and mirror these foreign civil code.The fourth part of the article,based on some kind of thinking of the institution of possession of status,the author study from the relevant experience of other countries and establish the institution of possession of status in the modification of law of our country family in the future.On the one hand,make the formation of status relationship into the scope of supervision of the state public power.On the other hand,establish the legal system——admission of the identity relationship and make them complement each other.We should keep this relationship in the ranges of adjustment of civil law,following the principle of “facts bringing rights” and "do not disturb static water".