Research On The Legal Applicability Of Identity Relationship Agreements From The Perspective Of The Civil Cod

The second paragraph of Article 464 of the Civil Code has evolved from the second paragraph of Article 2 of the original Contract Law to settle the dispute over whether the identity relationship agreement can be applied to the provisions of the contract,but new issues have also arisen.The return of the original Marriage Law and the Inheritance Law has formally systematized the civil code,but Article 464 of the Civil Code is now a reference application guide for issues related to identity relationship agreements,but it does not specify the applicable principles,how to apply,and the applicable boundaries.Moreover,there is room for argument as to whether this provision closes the application path of identity relationship agreements to other parts of the Civil Code.This article will review judicial cases related to disputes over identity relationship agreements,summarize applicable issues arising in judicial practice,and combine basic theoretical theories such as relevant identity agreements to categorize agreements related to identity relationships.In order to concretely analyze the issues related to the application of the provisions of the Civil Code to various identity relationship agreements,and explore and summarize the issues related to the legislation and application of identity relationship agreements from the perspective of the Civil Code,with a view to making a modest contribution to achieving the substantive return of identity law to the civil law system.Firstly,through judicial case analysis,this article finds that there are situations where the applicable guidelines for the application of the law in Article 464(2)of the Civil Code are unclear,and there is no distinction between direct application and reference application.Due to the fact that neither the Marriage and Family Code nor relevant judicial interpretations are sufficient to meet the judicial needs of identity relationship agreement disputes,it is necessary to open up the legal source of identity law.Clarify the identification elements of the identity relationship agreement,and based on its connotation and extension,appropriately limit the scope of the identity relationship agreement based on the basic principles of civil law to exclude the types of agreements that exist in extralegal space.Secondly,using legal hermeneutics,the author conducts a deep analysis of the legal nature of Article 464,paragraph 2,of the Civil Code,distinguishing between direct application and analogical application of legal application techniques,emphasizing that reference to applicable legal provisions is a special application procedure that requires comprehensive consideration of the similarity between facts and legal elements based on legislative intent.Finally,according to whether an identity relationship agreement has property content,it can be divided into pure identity relationship agreements and identity relationship agreements with property relationships.Based on its ethical strength,the scope and order of its application to other sub parts of the Civil Code should be clarified,that is,the relevant provisions of the Marriage and Family Code and the Inheritance Code should be applied in priority.After the provisions of the identity law are exhausted,the basic principles of the identity law should be taken as the applicable premise,and then the General Principles Code should be applied The relevant provisions of the Contract or Property Code are intended to achieve the legal value of the Marriage and Family Code and the Inheritance Code in safeguarding family relations and protecting the interests of vulnerable groups to the maximum.