Form Elements On The Establishment Of The Marriage

If one male and one female want to arrange voluntary union, besides have the legal marriage essential document, he must defer to the legal procedure, gain the official marriage. This procedure is the so-called marital form document; it's also the object which this article must study. This article start from the marital establishment and the marital form document related elementary theory, then carries on the comparative analysis to the different country's marriage form document, again carry on the historical examination to our country's form document , thus discover our country's one-kind registration marriage system is not reasonable, and suggest using the multi- kind form marriage.The full text classifies five parts:First part: Marriage establishment basic theory. This part first elaborate the marriage establishment concept and its characteristic, then compared the marriage establishment with correlation concept, differentiate the marital establishment with the marital effective, the marital establishment was only a fact question, but the marriage which became effective is a already established marriage because of conforms to the legal effective document to obtain the legal approval potency, it was a value judgment question. Finally elaborated the marital establishment document and the legal consequence emphasized the marital establishment with emphasis in the form so long as has the society shows, enables the unspecific third person to learn the marital status ready to be possible.Second part: Marriage form important document. This part first elaborated the marriage form document and the marriage system relations, pointed out it is just the marriage system existence has accomplished the form marriage principle and the fact marriage principle this two kinds of legislative principle. Then elaborated the marriage form document potency and the function, pointed out the marriage essence document having, only was causes marital the establishment to have the possibility, but had to cause the possibility to transform into the feasibility, but also had to fulfill the certain legal procedure, this kind of procedure aspect document was the marital form document, it was the marriage obtains the way which the society acknowledged, had count for much male shows, the male letter. In the ordinary circumstances, conforms to the marriage essence document litigant, only has fulfills the legal marriage procedure, its marital relations only then acknowledged by the country and the society, has the corresponding legal effect.Third part: Marriage form document comparison research .This part carry on the macroscopic inspection and the microscopic analysis to the various countries' marriage form document, and obtains the inspiration: We also should pay great attention to the marriage form document the marital litigant individual respect and take, as far as possible enable the marital litigant to have the bigger right to freedom of choice in marriage.Fourth part: Our County's martial form document history examination. This part first ancient times married to our country the form document to carry on the review, again comments the modern marriage form document the legislation to stipulate, thus drew out the marriage form and the marital custom has the close relation, said from some kind of degree, the marriage form was is rooted in to the marital custom, the marital custom recessive binding force, caused us have to ponder our country the marriage registration system.Fifth part: Reconsider to our country's marital form document. This part first analysis our country adopt one-kind registration marriage system is not reasonable; this system conflict to our country tradition and the real life. Then analysis acknowledge ceremony marriage necessity, from the reality and the legislation, we all must examine our country's marriage form document, correctly appraises traditional marital ceremony, the law should have a tolerant posture, carries on communication in the legislation stratification, the communication result is in the law adopt multi-kind form marriage, adopt the way which the registration system and the ceremony system coexist, respects litigant's choice, resolves the existing contradiction.