Research On The Reference Application Of Identity Relationship Agreement To The Contract Code Of The Civil Cod

Article 464(2)of the Civil Code stipulates: "Agreements related to identity relationships such as marriage,adoption,guardianship,etc.shall be governed by the legal provisions related to such identity relationships.If there are no provisions,the provisions of this part may be applied by reference based on their nature.From the perspective of the Civil Code,the legal application of identity relationship agreements has shifted from "whether applicable" to "how applicable".However,the applicable conditions and scope of the identity relationship agreement in the Civil Code are not yet clear.Moreover,the term ’may’ expressed in this article highlights the great discretion of judges in handling identity relationship agreements in judicial practice,which may lead to confusion in judicial practice.Article 464(2)of the Civil Code effectively connects identity law and property law,which helps the Civil Code to play its due systematic role in judicial practice.As a completely new provision,there are still areas where there are still unclear provisions that require systematic research.Starting from the basic theory of identity relationship agreements,this article explores how identity relationship agreements can refer to and apply relevant norms in contract formulation,with the aim of achieving the integration of identity law and property law within the framework of the Civil Code.The following will explore how the identity relationship agreement can refer to the relevant specifications of the applicable contract from four parts.The first part is the possibility of establishing an identity relationship agreement by referring to the applicable contract.Firstly,define the identity relationship protocol and further summarize its characteristics;Secondly,it elaborates on the legitimacy basis of the identity relationship agreement’s reference to the applicable contract,providing a theoretical basis for this article.The second part is the practical dilemma of referencing the applicable contract for identity relationship agreements.Based on the data statistics related to this article and selecting several typical types of identity relationship agreements in practice,by sorting out the main focus of disputes in judicial practice,the reasons for the relevant disputes in judicial practice can be identified.The third part is a discussion on the typification of the applicable contract for identity relationship agreements.Firstly,divide identity relationship protocols into three categories;Secondly,select several typical protocols from the three types of identity protocols to elaborate on how to refer to the relevant specifications of the applicable contract.The fourth part is the construction of the identity relationship agreement in accordance with the standards of the applicable civil code contract.Firstly,the prerequisite conditions for the reference of the identity relationship agreement to the applicable contract are established.Secondly,when referring to the applicable contract system,the basic principles of the marriage and family system should be followed,and the basic norms of the marriage and family system should not be violated.