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古罗马时期由于对于通婚权及不同社会阶层通婚的限制,出现了区别于正当婚姻,指没有配偶的男女缺乏婚意地、以稳定永久共同生活为目的的姘合,而姘合作为一种现实大量存在的现象,在王政时期和早期帝国时期不为大众所接受,没有成为法律规制的对象,在基督教皇帝时期,虽然对其进行法律上的规则但持否定之意,优士丁尼执政期间,姘合的法律地位得到上升,被认定为低级婚姻。而后由于授予所有人享有与罗马市民的通婚权,因此姘合的社会基础消失被取消。姘合与现在非婚同居具有相似之处即婚意的缺乏,从而得以与事实婚区别,而非婚同居的社会基础与姘合不同,因此不需要赋予其法律效力,而如何判断是否具有婚意从而区分非婚同居与事实婚值得进一步探讨。
In the ancient Roman period, due to restrictions on the right to intermarriage and different social strata, a distinction was found between legitimate marriage, that the unmarried man and the woman lacked marriage intentionally to stabilize their permanent co-existence, and that co-operation was a reality The phenomenon of existence was not accepted by the general public in the period of Wang Zheng and the early imperial period and did not become the object of legal regulation. During the period of the Christian emperor, although it held the negative meaning of the law, The combined legal status has been raised and is considered a low-level marriage. Then, as the granting of the right of all the people to marriages with the citizens of Rome, the disappearance of the social foundation of the union was canceled. Comparing with non-marital cohabitation nowadays, the similarities, that is, the lack of marriage, can be distinguished from the factual marriage, and the social basis of cohabitation is not the same as marriage, so there is no need to give legal effect to the marriage, but how to judge whether or not to have marriage Intention to distinguish between non-marital cohabitation and de facto marriage is worth further exploration.