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法律如何调整婚姻关系,在很大程度上依赖于法律制度本身的构建和婚姻关系内在的性质。而西方基督教义对现代法律理念之孕育已成共识,教会法时期,宗教、法律和婚姻混合在一起,三者各自的特征得到极致的发挥。本文正是从这一视角出发,以婚姻关系为主线,采用制度考察的方法力图阐明这一紧张关系。
How the law adjusts the marriage relationship depends to a large extent on the construction of the legal system itself and the inherent nature of the marriage. However, the Western Christian doctrine has reached a consensus on the birth of modern legal concepts. During the synagogue period, religions, laws and marriages have been mixed together, and the respective characteristics of the three have been brought into full play. This article is precisely from this perspective, the main line of marriage, the use of institutional inspection method tries to clarify this tension.