Study On The Application Of Law Of Agreements Concerning Personal Relationships

Agreement concerning personal relationships is the outcome of the combination of enforcement of the status law,complexity of the personal relationships,ethics of marriage and family,and open of the contract law,with dual attributes of status and contract.Under the background that the status law returns back to the civil law,the lawmakers have the intention to make the law application of agreement concerning personal relationships as the bridge connecting the status law and the property law,to make the substantial alteration to the clause2 of article 2,by taking the use of the clause 2 of article 464,to open the door of reference application contract section to the agreement concerning personal relationship.But the clause2 of article 464,as the fundamental principle applicable to the agreement concerning personal relationships,has the uncertainty to the guiding of application of law.In this article,with clause 2 of article 464 to Civil Code as the basis,by figuring out the changes of lawmaking,investigating the legislative practices,integrating the theories,exploring the application of law of agreement concerning personal relationships under the Civil Code,in order to provide the meager principle guidance and path or direction leading.The article consists of four chapters,with the questions to be researched and purposes to be achieved as the guides.The first chapter is to conduct the macroscopic research to the present application of law to agreement concerning personal relationships,to find out what are the difficulties of application of law to agreement concerning personal relationships.The second chapter is to do the medium research to determination to agreement concerning personal relationships,to correct the errors in the aspects of determination of agreement concerning personal relationships in the circles of theory and circles of practice,in the meanwhile of determining scopes of research of this article.The third chapter is to research the theory and practice applicable to various styles of agreements concerning personal relationships in typing perspectives,to explore “to be” and “ought to be” status applicable to the agreement concerning personal relationships in micro cases and theory.The fourth chapter is the summary,to integrate the research findings of the previous three chapters,to get characteristics and principles applicable to agreement concerning personal relationships,and to provide path leading applicable to agreement concerning personal relationships.By the research of microscopic,medium and microscopic and comprehensive integration,it is found that though there are difficulties in techniques of law and method of jurisprudence in the application of law to agreement concerning personal relationships,it is actually an issue of value cognition,value judgement and value choice in substance.In dealing with the legal disputes regarding agreement concerning personal relationships,the judge should regard it as the principles to conduct the application of law,which is to encourage the long lasting and stable marriage,guarantee maximum benefits of weakest members in the family,maintain gender equality,establish good family tradition,maintain transaction security,protect the third parties with kindness,in order to maximize the value and effectiveness of general clause in clause 2 of article 464.