New rules for the protection of rights in the bet365 promo codes and family section of the Civil Code
November 18, 2020 09:48 Source: "Chinese Social Sciences Journal" Issue 2050, November 18, 2020 Author: Xue Ninglan

One of the great significances of compiling the Civil Code in our country,It lies in “improving and enriching the types of civil rights,Form a more complete civil rights system,Improving rights protection and relief rules,Form a standardized and effective rights protection mechanism”。bet365 promo codes and Family Code is an integral part of the Civil Code,also has confirmation、Private law attributes to protect and relieve the bet365 promo codes and family rights of natural persons。

  The bet365 promo codes system protects the autonomy of bet365 promo codes

Marital autonomy is a basic citizen right protected by the constitution。In civil law,It is a personality right enjoyed by natural persons。Article 110 of the General Provisions of the Civil Code lists the autonomy of bet365 promo codes as a basic personality right enjoyed by natural persons。The protection of this personality right under the bet365 promo codes and Family Code is embodied in the bet365 promo codes system。

First,bet365 promo codes and family compilation reflects the provisions of the bet365 promo codes Law,Make "bet365 promo codes must be completely voluntary for both men and women" as a necessary condition for bet365 promo codes (Article 1046)。A bet365 promo codes relationship that does not meet this requirement,Belongs to a voidable bet365 promo codes,Will have invalid consequences。The party who has been coerced has the right to annul the bet365 promo codes (Article 1052)。Secondly,bet365 promo codes concluded to protect patients with serious illnesses、Enjoyment and realization of the right to form a family,The "Civil Code" cancels the provisions of the "bet365 promo codes Law" regarding "suffering from diseases that are medically considered inappropriate for bet365 promo codes",In the requirements for prohibiting bet365 promo codes, only the range of consanguinity that prohibits bet365 promo codes is listed,That is: "bet365 promo codes is prohibited between direct blood relatives and collateral blood relatives within three generations" (Article 1048)。Meanwhile,Add the situation of "one party conceals a serious illness" in a voidable bet365 promo codes。Article 1053, paragraph 1, stipulates: “One party suffers from a serious illness,The other party should be truthfully informed before registering the bet365 promo codes;Not telling the truth,The other party may apply to the People’s Court to annul the bet365 promo codes。”

The above legislative changes,It is a clever combination of my country’s bet365 promo codes system’s equal protection and relief rules for natural persons’ autonomy in bet365 promo codes。Specifically,The bet365 promo codes and Family Code gives natural persons equal rights to enter into bet365 promo codes、Right to form a family,No longer differentiate based on whether one party has a major illness;It is established that patients with serious diseases have the obligation to truthfully inform before registering for bet365 promo codes,To ensure the other party’s informed choice,Make a true expression of intention to get married,To realize their marital autonomy。For concealing my health condition,Keeping the other party unaware and marrying him,The party who has been deceived has the right to annul the bet365 promo codes。Not only that,bet365 promo codes and family are listed in the consequences of invalidity or annulment of bet365 promo codes,Add stipulation in paragraph 2 of Article 1054: “The bet365 promo codes is invalid or revoked,The non-fault party has the right to request damages。”Give the non-fault party the right to claim damages,Give them relief for their rights that have been infringed。

  Confirmation and protection of bet365 promo codes in the marital debt system

In the development process of my country’s market economy,The phenomenon of couples borrowing money from abroad is becoming increasingly common。To fill the gap in the bet365 promo codes Law on the rules for determining joint debts of husband and wife,The bet365 promo codes and family section of the "Civil Code" adopts the latest judicial interpretation of the Supreme People's Court on the determination of joint debts of husband and wife,Article 1064 establishes three situations of joint debt between husband and wife: First, debt borne by both spouses with a common intention;The second is the debt borne by one spouse in his own name for the daily life of the family;The third is joint debt that the creditor can prove。The joint debt of husband and wife in the first situation is a "consensual debt" in civil law,It is expressed by both husband and wife co-signing in the loan contract or by one party ratifying it afterwards。For the second、The third type of joint debt,In principle, this article is distinguished based on whether it is "family daily needs"。The former can be generally referred to as "daily household debts",The latter is beyond the scope of daily household chores,In principle, it is not a joint debt of husband and wife,But "the creditor can prove that the debt is used for the couple's joint life、Except for joint production and operation or based on the common intention of both husband and wife”。

This shows,bet365 promo codes and Family Edition’s rules on the identification of joint debts between husband and wife follow the basic legal principles of daily family agency。The so-called "daily housekeeping agency",It is the mutual agency between husband and wife based on their status as spouses。It includes three aspects: first,The husband and wife are within the scope of daily family affairs,Enjoy the right to act as a mutual agent in accordance with the law when taking civil legal actions with the counterparty;Second,When one spouse has a legal act with the other party within the scope of daily household affairs,It is not necessary to express its authority,You can use your own name、In the name of another party or in the name of both parties;Third,Debts incurred by one spouse performing such acts are joint debts of the spouses,Both parties bear joint liability for repayment。For this,The civil codes of countries and regions with civil law systems often establish the power of agency for daily household affairs between husband and wife in the rights and obligations of husband and wife。The bet365 promo codes and family section of my country’s Civil Code also establishes that husband and wife equally enjoy this right,Thus laying the foundation for the identification of joint debts between husband and wife。Article 1060 of the Civil Code stipulates: “Civil legal acts carried out by one spouse for the daily needs of the family,Effective for both husband and wife,Except if one spouse and the other party agree otherwise。Restrictions between husband and wife on the scope of civil legal actions that one party can perform,Do not confront those with good intentions。”

The above system design balances the legal treatment of debt-raising spouses、Non-debtor spouse、Equal protection bet365 promo codes interests of all three parties including creditors。First,Treat debts agreed between husband and wife as joint debts,Intended to emphasize that the non-debt spouse (mostly the woman in reality) has the right to know and consent to the joint property bet365 promo codes couple,To protect the husband and wife’s equal rights to handle common property,You can also prevent one spouse from being "indebted" from the source of debt formation。Secondly,Give couples the right to represent each other in daily household matters,Establish daily household debts as joint debts of husband and wife,Not only facilitates the daily needs of people’s families,Also taking into account the maintenance of transaction security and economic order。Article 1060 and Article 1064 bet365 promo codes Civil Code complement each other,Together is the legal basis for establishing joint debts between husband and wife。Finally,Article 1064, paragraph 2, establishes the creditor’s obligation to prove in the proviso,Provide remedies for asserting rights,And warns creditors that they should use the debt when setting up claims、The debtor’s ability to repay debts and other obligations to exercise reasonable care。Such a provision can effectively prevent creditors from suffering losses due to their inability to provide evidence afterwards,To protect the legitimate rights and interests of a spouse,Ensuring transaction security also has positive significance。

  Protection of rights in the improvement of bet365 promo codes

Divorce relief system,It is the law that contributes more to the housework of parties involved in divorce proceedings、Difficulty in life、Legal relief provided by parties whose rights have been damaged。The purpose and function of which are,Request compensation from the other party by granting the party with the above circumstances the right to compensate the other party、Help、Right to compensation,Give relief to the rights of the weak party in divorce disputes,To protect the freedom of divorce,Realizing fairness and justice in divorce law。bet365 promo codes and Family Edition, on the premise of maintaining the current divorce relief system framework of the bet365 promo codes Law,Expand housework compensation in divorce to varying degrees、Financial help for divorce、The scope of application of divorce damages。

First,Article 1088 cancels the restriction in Article 40 of the bet365 promo codes Law that "property acquired by the husband and wife agreed in writing during the bet365 promo codes relationship shall be owned by each other",Expand the scope of application of divorce housework compensation to all marital relationships。From now on,No matter what type of property system the couple implements after bet365 promo codes,As long as one party is raising the children、Care for the elderly、Having more responsibilities in housework such as assisting the other party with work,You have the right to claim compensation according to the law when you divorce。This provision strengthens the legal recognition and protection of the value of housework,Conducive to promoting the sharing of housework between men and women,Transforming the traditional gender model of division of labor within the family,Promote de facto equality between husband and wife。Secondly,Compared with Article 42 of the bet365 promo codes Law,Article 1090 has two changes regarding financial assistance in divorce: (1) Adding the other party’s “ability to afford it” to the conditions for financial assistance in divorce;(2) Cancel the enumeration of the property scope of "the other party shall give appropriate assistance from its personal property such as housing",Only requires that “the other party should provide appropriate help”。Although this article no longer explicitly states the form of property provided by the divorced party to provide financial assistance,But it does not exclude one party from solving the other party’s housing difficulties by providing the right of residence。Residence rights are stipulated in a special chapter of the property rights section of the Civil Code,Provides an institutional channel to solve the living difficulties of the party without a house to live in during divorce。Finally,Article 1091 List of legal circumstances for the innocent party to exercise the right to claim for divorce damages,Based on Article 46 of the bet365 promo codes Law,Added a fifth safety clause for “other major faults”,It is bound to expand the scope of the innocent party’s request for divorce damages。

The above changes in the divorce relief system under the bet365 promo codes and Family Code,Further strengthened the guiding role of socialist core values ​​in bet365 promo codes and family,Highlights the people-oriented essence of civil law,Highlights the ethical characteristics and protective function of the weak in bet365 promo codes and family law。The Civil Code relaxes the right to claim compensation for housework、Right to request financial help in divorce、Conditions and methods for exercising the right to claim for divorce damages,It will change the low application of divorce remedies in judicial practice、Low relief、The "three lows" status quo of low efficacy,Promote its institutional functions to be fully utilized。

  (The author is a researcher at the Institute of bet365 promo codes, Chinese Academy of Social Sciences)

Editor: Zhang Yueying
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