Systematic Interpretation Of The Legal Application Of Identity Relationship Agreements

Identity relationship agreements refer to agreements aiming at establishing,changing,and terminating identity relationships or property relationships that are attached to identity relationships between civil subjects and can be included in the broad scope of identity acts.The legal application of identity relationship agreements is premised on their recognition,which should be carried out at two levels:distinguishing from property contracts and distinguishing from helping acts.When distinguishing from property contracts,one should focus on whether the main purpose of the parties’ entering into an identity relationship agreement is to establish,change,and terminate identity relationships,rather than on whether the agreement contains property content;when distinguishing from helping acts,it is necessary to weigh interests at three levels:between the parties,between individuals and the society,and between law and morality to ensure that admitting the legally binding force of a new type of agreements conforms to the requirements of fairness and justice,contributes to the realization of the parties’ goals,and does not affect the interests of others and the society.Currently,the identity law in Civil Code only provides general and authorized rules on identity relationship agreements without designing a complete regulation system.In addition,new types of agreements related to identity relationships emerge in an endless stream in judicial practice,leading to the need to adhere to systematic thinking when dealing with legal issues related to identity relationship agreements.Due to the fact that the nature of identity relationship agreements is civil legal act,the rules of General Provisions of Civil Code should be applied.Since the adjustment scope of General Provisions of Civile Code can cover identity relationship agreements,it should be applied in principle and excluded with exceptions.As the nature of identity relationship agreements is debtor-creditor relationships,the general provisions of Contract Book of Civil Code can be applied.However,since the preset legislative object of Contract Book of Civil Code does not include identity relationship agreements,it should be excluded in principle and applied with exceptions.According to Article 464 Paragraph 2 of Civil Code,the specific provisions of Contract Book of Civil Code can be applied by reference to identity and property mixed agreements.Similarity judgement is the core link of applying by reference,which requires to use the property attributes of specific identity relationship agreements to guide the comparison of constituent elements,and also use the value judgment to ensure that the results of applying by reference comply with the basic principles of marriage and family law.From the perspective of Civil Code,the legal application of identity relationship agreements based on systematic interpretation should follow the following order:first,apply the rules of identity law,including the rules of guardianship in General Provisions of Civil Code and the rules of Marriage and Family Book of Civil Code;in the absence of applicable rules in identity law,other rules of General Provisions of Civil Code,especially the relevant rules of civil legal act,should be applied;when there are no applicable rules in General Provisions of Civil Code,the general provisions of Contract Book of Civil Code can be applied,but the reasons of applying specific rules must be demonstrated;when there are no applicable rules in the general provisions of Contract Book of Civil Code,the specific provisions of Contract Book of Civil Code can be applied by reference.In this case,it is important to demonstrate the reasons,so as to show the process and results of the comparison of constituent elements and value judgment.