2010Journal of China Women's UniversityRequires access

On the Essence of Marriage: Viewed from Relational Contract

Kang Na

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Abstract

Although the marriage autonomy has deeply rooted in the hearts of people,the view of marital contract has received various questions.Relational contract theory provides a new theory angle of view for the attribute of marital contract.Marriage is not a kind of common contract,but a kind of long-term contract with incompleteness.Litigates in marriage are members of the marriage community,at the same time they are individuals with independent interests.Relation standard,society norm and law regulation together adjust the marriage contract.To explain the marriage with relation contract can define the nature and characteristics of marriage more reasonably and objectively,and provide theory basis for the designing of marriage law system.

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Although the marriage autonomy has deeply rooted in the hearts of people,the view of marital contract has received various questions.Relational contract theory provides a new theory angle of view for the attribute of marital contract.Marriage is not a kind of common contract,but a kind of long-term contract with incompleteness.Litigates in marriage are members of the marriage community,at the same time they are individuals with independent interests.Relation standard,society norm and law regulation together adjust the marriage contract.To explain the marriage with relation contract can define the nature and characteristics of marriage more reasonably and objectively,and provide theory basis for the designing of marriage law system.

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Available abstract

Although the marriage autonomy has deeply rooted in the hearts of people,the view of marital contract has received various questions.Relational contract theory provides a new theory angle of view for the attribute of marital contract.Marriage is not a kind of common contract,but a kind of long-term contract with incompleteness.Litigates in marriage are members of the marriage community,at the same time they are individuals with independent interests.Relation standard,society norm and law regulation together adjust the marriage contract.To explain the marriage with relation contract can define the nature and characteristics of marriage more reasonably and objectively,and provide theory basis for the designing of marriage law system.

Key concepts: Relational contract, Autonomy, Norm (philosophy), Social contract, Relation (database), Contract theory, Marriage law, Sociology

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