Research On The Application Of The Civil Code Of The Identity Relationship Agreement

Article 464,paragraph 2,of the Civil Code of the People’s Republic of China stipulates that“Agreements on marriage,adoption and guardianship shall be governed by the relevant provisions of the law;if not,the provisions of this part may be applied with reference to their nature”.The provisions of this article change the provisions of Article 2,Paragraph 2,of the contract law that“Agreements on marriage,adoption,guardianship and other matters relating to status relations shall be governed by the provisions of other laws”,it is of great significance to extend the application of identity relationship to applicable contracts.However,law as an important discipline of humanities and social sciences,and with a certain lag.Although this norm has made progress,there are still big disputes in judicial practice and theoretical system.As the subordinate concept of the identity agreement,the author searched the judgment documents from 2012 to 2022 on the internet with the keyword of“Husband and wife identity agreement”,the types of documents are judgments and awards,which are mainly cases in the field of civil litigation.Through comparative analysis,it is found that there are many cases of different judgments in practice,which even have conflicting judgments,and their classification and summary.Taking“Identity relationship agreement” as the key word,the author searched the judgment documents from 2012 to 2022 on the Internet.The types of the judgment documents are judgments and rulings,mainly cases in the field of civil litigation.Through comparative analysis,it is found that there are many cases of different judgments in practice,which even have conflicting judgments,through their classification and summary.In the first part,through reading a lot of judgment documents,we can find out the disputes of our country’s practical circle about the understanding and problem-solving of the marital status agreement.The second part,through reading a large number of literature,books and analysis of a large number of practical cases and read a large number of judicial documents,summed up the current status of behavior and marital status agreement of the type of disputes,and carry on the elaboration and the induction.The third part,through the study of the nature and connotation of reference,summed up the marital status agreement in the customary value.It also sums up the sequence and technology of the reference application of the husband and wife agreement,as well as the problems that should be paid attention to in the process of the reference application.In the fourth part,based on the previous research on the reference application of marital status agreement,the author ponders how to perfect the rules of the reference application of marital status agreement in the Civil Code.