The Civil Code integrates various existing separate laws,and its internal systematization has been unprecedentedly strengthened.For example,the marriage and family codes and contract codes with different forms and contents have also had a certain degree of overlap in certain provisions after the promulgation of the Civil Code.This is reflected in the new provisions of Article 464,paragraph 2,of the Civil Code on identity relationship agreements.In the past,Article 2 of the Contract Law stipulated that the agreement on status relationship could not be applicable to the provisions of the Contract Law on the establishment,change and termination of civil rights and obligations between equal subjects.It can also be said that if part of the content of the status relationship agreement at the legal level exceeds the existing provisions of the Marriage and Family Law and the Inheritance Law,the exceeding part cannot be affirmed in the relevant content of the Contract Law.The Civil Code has made supplementary provisions on this.On the one hand,it continues to recognize that the identity relationship agreement has priority in the application of special laws,but when there is no special applicable provision,it can refer to the applicable contract part,indirectly recognizing the effectiveness of the identity relationship agreement in the field of debt law,providing a new solution to a large number of disputes over multiple types of identity relationship agreements.However,does the "reference application" in paragraph 2 of Article 464 really mean that when an identity relationship agreement seeks practical legal application,the provisions in the contract can be directly used as a basis for application in the absence of relevant provisions? These and other practical issues are not addressed in detail in the Marriage and Family Code and Inheritance Code,but rather rely on the judge’s measurement and judgment.As a result,there are many "different judgments in the same case" phenomena related to identity relationship agreements,including "one size fits all" judgments that completely deny the field of debt law,as well as judgments that fail to consider the characteristics of identity relationship agreements and recognize them as contracts.Due to the particularity of identity law,this situation is often considered justifiable,as judicial adjudication is inevitably influenced by traditional social customs.However,after the emergence of the second paragraph of Article 464 of the Civil Code,the trend and trend of identity relationship agreements with strong human relations color in judicial decisions should be more free and open,resulting in the actual situation of practice,which is also the issue discussed in this article.At present,in the context of the "Civil Code" system,it is necessary to clarify the provisions of the "Civil Code" and grasp the interrelationship between the "Identity Relationship Agreement" and the "Civil Code" contract.In reality,the academic community and judicial practice have not clearly listed the identity relationship agreements that can be referenced in the applicable contract,and have not achieved the positive effect that article 464,paragraph 2,of the Civil Code intends to pursue after the change."Because only by clearly defining the meaning boundary of identity relationship agreements,exploring typed identity relationship agreements that can refer to applicable contract codes or identity relationship agreements that can be embodied to individuals and can be judged solely based on content,and combining the normal situation of practical cases,summarizing methods that can be used with practical significance and inferring which identity relationship agreements should not be applicable to contract codes,",Which identity relationship agreements restrict the application of contract rules,promote the application of paragraph 2 of Article 464 of the Civil Code as much as possible,and respond to the needs of social life in identity relationship agreements. |