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From ＂Order of Parents＂ to ＂Own Concord of Two Parties＂: On the Influence of the Intent to Marry of the Male and Female Parties on the Institute of Marriage in the Early Chinese Republican Period
Agreement to Marry;Conclusion of Marriage;Party of Marriage;Daliyuan;Judicial Praxis of Daliyuan;Legal Development in Early Chinese Republican Era;Intent to Marry
|Issue Date:||2017-11-07 14:54:39 (UTC+8)|
In ancient China, the agreement to marry and the conclusion of marriage were determined mainly by the parents of both parties rather than their own intents. Such characteristic was also emphasized in the traditional codes. In the early Chinese Republican period, Daliyuan, the Supreme Court in that period, had gradually taken the intent of the parties into consideration. And yet the Parents of the future spouse still had significant influence to the marriage. Daliyuan asserted that the future spouse were the parties in the marriage. It also makes use of the institutes of Agency and revoke of juridical acts to give the parties of marriage to determine the legal efficacy of the agreement or conclusion of marriage. The judicial practices of Daliyuan have influenced not only the Second Draft of Civil Code in 1925 but also the Part of Family in the contemporary Civil Code of the Republic of China.
|Relation:||政大法學評論, 146, 127-193|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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