On the Nature and the Effectiveness of the Divorce Agreement Before the Lawsuit
|School||Huazhong University of Science and Technology|
|Keywords||Complaint before the divorce agreement Civil legal acts The force of law Legislative proposals|
Accompanied by the gradual development of the society, the concept of freedom of marriage we are known. Freedom of marriage means more than the freedom to marry, divorce freedom also includes the contents of the same. The best embodies the freedom of divorce in our legal system, should the divorce agreement, we can also be referred to as administrative registration of divorce. While in the process of divorce by agreement, both husband and wife on the voluntary dissolution of marriage, child support, and the split of the common property and other issues related to appropriate and agreed upon written agreement that the complaint before the divorce settlement agreement divorce system elements. Therefore, the complaint before the divorce agreement is not only a manifestation of the freedom of marriage in law, but also to understand the premise and foundation of the system of registered divorce. V. before the divorce settlement agreement in the divorce process, on a voluntary basis through administrative procedures to release the couple's marital relationship and the resulting child support, property consequences of the treatment to a written agreement. The main specific complaint before the divorce agreement, certainty, formally to type and other basic legal characteristics. Our complaints before the divorce agreement is an equal body contains two aspects of personal relations and property relations between special civil agreement, both the general characteristics of a civil contract, but also has a special nature different from ordinary civil contract. Thus the legal nature of the application of the law and legal effect, has a some available research problem. This article is divided into a total of five chapters, the first chapter is an introduction to lead some of the problems encountered in the process of divorce proceedings not clear legislative, mainly through the introduction of China's current divorce status quo, which asked the paper to study the problem . The second chapter is to do a simple introduction to the concepts, contents and characteristics of the complaint before the divorce agreement. Chapter III Analysis of the three views of the theorists, on the nature of the complaint before the divorce agreement analysis. Chapter v. the question of the validity of the divorce agreement before the main speakers, there are four mainstream point of view, are revoked, respectively, on the attached conditions for entry into force of the theory, the appropriate reference theory. The point of view of the latter two main assessment, and determine v. divorce agreement before the commencement of the conditions and status types. The fifth chapter is based on the previous analysis of the nature and effectiveness of the complaint before the divorce agreement put forward recommendations on the three-point legislative.