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When was the marriage system established
Time:2025-09-01 Views:1564
1
The marriage system is a code of conduct that a specific society requires its members to jointly abide by in terms of marriage. It is regulated by social customs or laws. The sum of customs or legal provisions regarding people's marriage behavior constitutes the dominant marriage system in that social form. The marriage system is determined by the economic foundation of society and established on top of it. In a class society, it reflects the will and interests of the ruling class. There have been three main marriage systems in human society: group marriage, monogamy, and monogamy.
II
1. The parties voluntarily agree
Freedom of marriage is a fundamental principle of China's Marriage Law. According to this legal principle, marriage is established voluntarily by the parties involved. The dissolution of a marriage relationship can also be done voluntarily by the parties involved.
From a legal perspective, there is no need for any reason for the parties to dissolve their marriage based on the freedom of marriage. That is to say, the parties to the marriage can dissolve the marital relationship based on their freedom of marriage, as long as both parties to the marriage are willing, without any other reasons.
2. Spousal relationship breaks down and mediation and reconciliation are ineffective
If the marital relationship breaks down and the reconciliation through mediation by the people's court is ineffective, the people's court shall allow the parties to divorce. This is a legal condition for one party to terminate the marital relationship through legal means when the other party requests divorce but does not agree to it. Therefore, in the case where the parties cannot reach a consensus on the dissolution of the marriage relationship, the intervention of the state and the law on the survival of citizens' marriage relationship is mainly determined by the criteria of "whether the marital relationship has broken down and whether mediation and reconciliation are ineffective".
It can be seen that "whether the marital relationship has broken down and whether mediation and reconciliation are ineffective" is the legal standard for the court to judge whether the parties should dissolve their marriage relationship in accordance with the law when they cannot reach a consensus on the divorce issue.
3. Other conditions and circumstances
In addition to the legal conditions for terminating the marital relationship mentioned above, other reasons may also lead to the termination of the marriage relationship between the parties. For example, if one party to a marriage dies naturally or is declared dead according to law. The achievement of these conditions can also lead to the dissolution of the marriage relationship between the parties involved.
III
According to Chinese law, if the relationship between the two parties breaks down, they can directly handle the divorce procedures. If the two parties cannot reach a consensus on property division, child custody, etc., they can file a lawsuit for divorce in court. There is no legal regulation on how long it takes to divorce after separation. Regardless of how long the separation lasts, if neither party files for divorce, the marriage will not be automatically dissolved. If a lawsuit is filed in court for divorce and the separation has been two years, the court will support the divorce.
The above is a detailed introduction by the editor of Fanneng Law Firm about when there is a marriage system. In China, monogamy is implemented, and the establishment and termination of a marriage relationship require the voluntary consent of the parties involved. Anyone can impose interference and obstruction, otherwise they will need to bear certain legal responsibilities. If you have any legal questions, it is recommended to consult a professional lawyer at Fanneng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.