One of the significance of the "Civil Code" compiled by our country，lies in "sound and enrich the type of civil rights，Form more complete civil rights system，Improve rights protection and relief rules，Forms a standardized right protection mechanism for standardization "。Marriage and Family Edited as an organic component part of the Civil Code，Also confirmed、Protection and relief of the private law attributes of marriage and family rights of natural persons。

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Marriage autonomy is the basic right of citizens protected by the Constitution。In civil law，It is a personality right enjoyed by natural people。The General Principles of the Civil Code Article 110 List marriage autonomy as the basic right to enjoy the natural person。Marriage and family editor's protection of this personality right is reflected in the marriage system。

First，Marriage and Family Editing Continuing the Regulations of the Marriage Law，"Marriage should be completely voluntary" as a must -have for marriage (Article 1046)。Marriage relationship that does not meet this requirement，belongs to a withdrawal marriage，It will produce invalid consequences。The coercion party enjoys the right to revoke the marriage (Article 1052)。Next，To ensure that patients with major illnesses are concluded for marriage、The enjoyment and implementation of family rights formed，The Civil Code cancellation of the "Marriage Law" on the "Marriage Law" on "Medicated that it should not be married should not be married"，Only listed the scope of blood relatives for prohibiting marriage in prohibited marriage elements，bet365 live casino games that is: "Between the Direct Blood relatives and the beads within the third generation, prohibit marriage between blood relatives" (Article 1048)。At the same time，Added "one party to conceal major diseases" in a withdrawal marriage。Article 1053 Paragraph 1 stipulates: "One party suffers from major diseases，It should be truthfully informed the other party before marriage registration;，The other party can ask the people's court to cancel the marriage。”

The above legislation changes，It is the clever combination of the equality protection and relief rules of the marriage system of natural person marriage。Specific speaking，Marriage and Family Editor gives natural people equally enjoying marriage、The right to form a family，No longer distinguish whether one party suffers from major illnesses; establish a truthful informing obligation before the registration of patients with major illnesses，To ensure the choice of the other party's knowledge，Make a real wedding meaning，To realize its marriage autonomy。For concealing my health status，Make the other party who knows and get married with it，The party given to the deceived party enjoys the right of marriage withdrawal。Not only that，Marriage and Family editors are in the consequences of invalid or revocation of marriage，Increased regulations on Article 1054, paragraph 2: "The marriage is invalid or revoked，No wrong party has the right to request damage compensation。"" Given the right of compensation for no misunderstandings，Relief to the right to infringe on it。

　　The right to confirm and protect the rights in the husband and wife debt system

In the process of the development of my country's market economy，The phenomenon of foreign lending of husband and wife is becoming increasingly common。To fill the gap in the "Marriage Law" on the rules of the joint debt of the husband and wife，The latest judicial Bet365 lotto review interpretation content of the Marriage and Family Supreme People's Court on the Supreme People's Court of Marriage and Family Na Na Na Na Na，Article 1064 Establish three situations that belong to the common debt of husband and wife: first, the husband and wife agreed to express the debt; the other is that the husband and wife are in the name of the family's daily life in the name of the family;。The common debt of the husband and wife in the first situation is the "debt of meaning" in civil law，It shows the same way of signing the CCP in the borrowing contract or after the re -recognition of the CCP。For the second、The third common debt，This article is distinguished by whether it is a "family daily life needs"。The former can be referred to as "daily family debt"，The latter is beyond the scope of daily households，In principle, it does not belong to the joint debt of the husband and wife，But "Creditors can prove that the debt is used for the common life of husband and wife、Common production and operation or the except the consequences of the husband and wife "。

This indicates，The rules of marriage and family editors on the identification of the joint debt of husband and wife follow the basic law of daily family affairs agency。The so -called "daily family agency"，It is a mutual agency based on the spouse as a spouse。It includes three connotations: first，The husband and wife are within the scope of daily family affairs，Enjoy the right to agency in accordance with the law with the counterparts for civil legal acts; second，When the husband and wife are legal behavior with the opposite person within the scope of daily family affairs，No need to explicitly indicate its agency right，You can be in your own name、The name of the other party or the name of the two parties is; the third，The debt of the husband and wife's implementation of such behavior is the common debt of the husband and wife，Both parties bear the liability for Bet365 lotto review liability for liquidation。For this，The civil code of the country and regions of the mainland law system is mostly set up in the rights and obligations of the husband and wife.。Marriage and Family Editor in my country's "Civil Code" also established this right with equality of husband and wife，Therefore, the foundation of the identification of the joint debt of the husband and wife。Article 1060 of the Civil Code stipulates: "Civil legal behavior implemented by the husband and wife due to the needs of the family's daily life，Effectiveness of both husband and wife，But the husband and wife side and the counterpart have another agreed。Restrictions on the scope of civil legal behavior that one party can implement between husband and wife，Do not fight against goodwill。”

The design of the above system balances the legal pairing spouse、Non -debt -raising spouse、Equal protection of the interests of the three parties of the creditors。First，Try the debt of the husband and wife as the common debt，It is intended to emphasize the non -debt spouse (mostly the woman in reality) to enjoy the right to know and consent for the common property of the husband and wife，This protects the equality processing right of the husband and wife to the common property，It can also prevent the "liabilities" phenomenon of the husband and wife from the source of debt formation。Next，Give husband and wife to enjoy daily family agency rights，Establish daily family debt for husband and wife common debt，Not only facilitate the needs of the daily life of the people's families，It also takes into account the maintenance of transaction security and economic order。"Civil Code" Article 1060 and Article 1064 complex，The legal basis for establishing a common debt of husband and wife。Last，Article 1064, paragraph 2, establish a creditor's obligation to establish bet365 live casino games a creditor in the book，Provide the relief path for its claims，and warn the creditors to set the debt use when setting the debt、Debate repayment ability, etc.。Such regulations can effectively avoid the loss of creditors from being unable to proof after the incident，The legitimate rights and interests to protect the husband and wife，Safety of protection of transactions is also positive。

　　Right protection in the completeness of the divorce relief system

Divorce relief system，It contributes to the law of the law for litigation divorce parties.、Difficulty of life、Legal rescue methods provided by the damaged party。Its purpose and function lies in，A party with the above situation with the above situation enjoys the request compensation、Help、Compensation rights，Gives relief to the rights of the disadvantaged party in the divorce dispute，To protect the freedom of divorce，Realizing the fairness and justice of the divorce method。Marriage and Family Editorial Framework for maintaining the current "Marriage Law" divorce relief system is unchanged，Greed up divorce housework compensation to varying degrees、Divorce Economy Help、Applicable scope of divorce damage compensation。

First，Article 1088 of the "Marriage Law" Article 40 "The property obtained by the marriage relationship in writing to the marriage relationship is owned by all" restrictions，Expand the scope of application of divorce housework compensation to all marriage relationships。Future，No matter what type of property system for the couple after marriage，As long as one party is breeding children、Take care of the elderly、Assisting the other party's work and other housework to afford more obligations，When divorce, enjoy the right to request for compensation in accordance with the law。This provision strengthens the recognition and protection of the value of housework Bet365 lotto review for the law of the law，It is conducive to advocating men and women to share housework，Traditional gender model for changing the division of labor in the family，Promote the factual equality of couples。Next，Compared with Article 42 of the Marriage Law，Article 1090 There are two changes to the help of the divorce economy: (1) add the other party to "burden ability" to the condition of the divorce economy help; Help "List of the property scope，Only "the other party should give appropriate help"。Although this article no longer explicitly shows that the divorce party provides economic help for property，But it does not exclude one party to solve the other party’s housing difficulties。"Civil Code" Property editing special chapter stipulates residence rights，It provides an institutional channel for solving the difficulty of living in the house without a house during the divorce。Last，Article 1091 The statutory situation of the right to exercise divorce damage compensation for no wrong party，Based on Article 46 of the Marriage Law，Add the fifth "with other major faults" to the bottom clause，It is bound to expand the scope of the compensation for divorce damage without the wrong party。

The above -mentioned changes in the marriage and family editing and divorce relief system，Further strengthening the guidance of the core values ​​of socialism in marriage and family，It shows the essence of people -oriented civil law，Highlight the ethical characteristics of the marriage and family law and the protection function of the weak。"Civil Code" to relax the right to housework compensation request、Divorce Economy Help Kede、Divorce damage compensation request right to exercise the condition and method of exercise，It will change the low application of divorce relief measures in judicial Bet365 lotto review practice、Low relief、Low -efficiency "three lows" status quo，Promoting its institutional functions to make full use of。

　　(The author is a researcher at the Institute of Law of the Chinese Academy of Social Sciences)