论文部分内容阅读
婚姻是家族的前提和基础,婚姻缔结不仅是男女结合的个人行为,更是社会行为。我国现行婚姻法以结婚登记形式规范结婚行为,而在我国农村,未登记即以夫妻名义共居的事实婚姻屡见不鲜,尤以中央政权管制相对有限的少数民族聚居区域为甚。由一份民事判决书展开,通过判决书中各方的陈述剖析事实婚姻发生的起因经过以及当前广西瑶族农村的解决方案、观察事实婚姻的存续与解除;并对事实婚姻与国家法的有关规定进行比较分析。最终展现民间事实婚姻习俗与国家婚姻法的对峙与妥协。
Marriage is the prerequisite and foundation of the family. Marriage is not only a personal act of combining men and women, but also a social act. The current marriage law of our country regulates marriage behavior by way of marriage registration. However, in rural areas of our country, de facto marriage, which is unregistered, that is to live in the name of husband and wife, is not uncommon, especially for the minority areas inhabited by the relatively limited central government. It is started by a civil verdict. Through the statements of the parties in the verdict, it analyzes the cause of the factual marriage and the solution of the current Yao rural areas in Guangxi, and observes the existence and dissolution of the factual marriage. The comparison between the actual marriage and the relevant provisions of national law analysis. Finally, it will show the confrontation and compromise between the folk marriage customs and the national marriage law.