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The Study Of The Judicial Review Of The Marriage Registration Administration Proceedings

Posted on:2011-10-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhaoFull Text:PDF
GTID:2166330332466274Subject:Law
Abstract/Summary:PDF Full Text Request
Per regarding the substantial disputes of registration of marriage during the execution of the judicature, this thesis indicates that the registration of marriage , as a very specific administration, could be appealed to administrative proceedings base on the singularity of the registration of marriage and marriage itself. Base on the properties of the marriage, the detailed of the marriage registration administrative proceedings should be differentiated considering the marital legitimacy of accuser .The marital law and related statute should be adopted during judicial review of the marriage registration administration, and different judgments would be given according to different judicial review results. The judgment is closely connected with the validity of marriage:If the judgment defines the marriage invalidity, the marital is invalid from the beginning.If the judgment defines the marriage repealed: then would come to two effectiveness: the marital relationship termination by the judgment date, and the unerring party would possess the right of the property distribution with the marital relationship, while no responsibility for the debt burden if any available.If the judgment defines the marriage registration illegal, then the judgment would have no affection with the marital effectiveness.
Keywords/Search Tags:marriage, marriage registration, administrative proceedings, judicial review
PDF Full Text Request
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