MindMap Gallery Marriage and Family Law
Overview of Marriage and Family Inheritance Law: Concepts and Contents Historical Types of Marriage and Family Systems Basic Principles of Marriage and Family Law in my country. I hope this mind map will be helpful to you.
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Avatar 3 centers on the Sully family, showcasing the internal rift caused by the sacrifice of their eldest son, and their alliance with other tribes on Pandora against the external conflict of the Ashbringers, who adhere to the philosophy of fire and are allied with humans. It explores the grand themes of family, faith, and survival.
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Section 1 Overview of Marriage and Family Inheritance Law
The concept and content of marriage and family law
marriage and family
Marriage is the union of men and women recognized by the social system at that time
Marriage and family relationships are social relationships that are based on the union of the sexes and are bound by marriage and blood ties.
Marriage and Family Law
Concept: Marriage and family law is the sum of legal norms that stipulate and adjust marriage and family relations.
feature
Universality of adjustment objects: every family and every citizen is involved
Adjust the identity of the object, adjust the multiplicity of the object's identity
The ethics of adjusting content: The rules for adjusting marriage and family law are often derived from moral norms
Mandatory provisions of the law: Most of them are mandatory norms, and the parties are not allowed to exclude their application through agreement.
Broadness of application
The relationship between marriage and family law and other laws
Historical Types of Marriage and Family Institutions
group marriage
Pair marriage
monogamy
Basic principles of marriage and family law in my country
principle of freedom of marriage
Features - Freedom of marriage is a right granted to citizens by the law, and any behavior that interferes with freedom of marriage is prohibited by law Freedom of marriage must be exercised within the scope provided by law
Content--freedom to marry and divorce
In order to ensure the implementation of the principle of freedom of marriage, the law establishes the following prohibitive provisions: Arranged marriages, purchased marriages and other acts that interfere with the freedom of marriage are prohibited It is prohibited to use marriage to obtain finances
Draw a clear line between general interference and violent interference
monogamy principle
Concept: A marriage system in which a man and a woman become husband and wife, and both parties have only one spouse at the same time.
Prohibitive provisions to protect the principle of monogamy Bigamy prohibited People who are married are forbidden to live with others
Forms of bigamy: legal bigamy and de facto bigamy (3 types) Legal Consequences: Administrative Liability Civil Liability: Bigamy does not have the legal effect of marriage Bigamy is one of the legal circumstances under which a couple's relationship is broken down and the court grants divorce. In a divorce, bigamy is one of the grounds on which the innocent party can claim damages. Criminal liability (intentional bigamy)
Pay attention to the definition of bigamy and bigamy crime
The legal consequences of prohibiting a spouse from cohabiting with others: It does not constitute a crime, but one must bear legal responsibility Draw a clear line between a spouse cohabiting with others and de facto bigamy - open or not & bear criminal responsibility or not
principle of equality between men and women
Rights and obligations are equal in the marital relationship. (When getting married~After getting married~When getting divorced~) Equality in family relationships. (Family members of different genders have equal rights and obligations)
Principles of protecting the legitimate rights and interests of women, children and the elderly
Protect women’s legitimate rights and interests
In terms of procedures, the man is not allowed to file for divorce during the woman’s pregnancy, within 6 months after a miscarriage, and within 1 year after delivery. However, this does not apply if the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce.
In terms of property~
Protect the legitimate rights and interests of children
Parents have the obligation to raise and educate their children Equality of status for children under different circumstances Infant drowning, abandonment and other acts of mutilation of infants are prohibited It is prohibited to buy or sell minors in the name of adoption
Protect the legitimate rights and interests of the elderly
Children have a duty to support their parents Abandonment and abuse of the elderly are prohibited
Domestic violence is prohibited.
mark
Forms of domestic violence: physical, verbal, sexual violence. Cold violence?
Features
The kinship identity of both subjects; the specificity of the violent site; The objects of infringement focus on three aspects of personal rights: physical, mental, and sexual; subjectively intentional; objectively it can be either a positive behavior or a negative behavior
Abuse and abandonment among family members are prohibited
Abuse refers to the illegal behavior of discriminating, torturing, and destroying family members through actions or omissions, causing them to suffer mental and physical damage.