How important of the Geraldi law

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How important of the Geraldi law Empty How important of the Geraldi law

Post  Admin on Fri Jun 04, 2010 9:35 pm

The Geraldi law by relatives in content and relative property status. The former originates from the ethical order of marriage and family, is a strict sense of identity, The latter by former derived, but closer to property. In the ancient society, the family of the relative system with distinctive grade and privilege to identity ethics attributes. Maintain the identity hierarchy relationship is not only the ethical and moral message, but also the legal norms, so it is of value standard Geraldi law identification and relative property relations for this service, only in affiliate attachment status. Modern society from identity to contract ", "home" by the agricultural society to "humanism" civil society, also brought the transition of marriage and family content. The traditional reflect the level and dominate the privilege to the identity of the required by law ethics and independent personality, freedom, equality of civil society to lose its legal meaning compatible, The adjustment of the Geraldi law has no relation to identity, but pay great attention to the identity of the independent personality-based human rights and interests. So the traditional method of the relative contents of identity, and relative property law enacted in details.
In China for thousands of years, the feudal society patriarchal family and relatives system plays an important role in the society, the special Geraldi law made of marriage and family, a control behavior, adjustment of marriage and family relations, will feudal ethics and favorable king-subject relationship between husband and wife brother casted by Confucianism, the identity of the integration of working mode on the individual interest expense and cherish level, filial obedience fear, dominate the content such as unequal marriage and family values. The legal system of social value equal status in China, which has a long history, and deep-rooted feudal and decayed because it on a new basis of marriage and family system and the main target, Geraldi law of our struggle to create pictures from start to focus on the identity of the abolition of old propriety working relationship, establish new identity, particularly prominent position status law, On the other hand, because of its strong cultural tradition and social inherited and potentially inert, not only in the new space remaining in people's moral, legal consciousness and unknowingly influence of the legislative practice and enforcement operations, difficult to completely beyond weight identity, heavy ethics, heavy family tradition of natural legal standard. Add new social system for decades, two "direct effect of Geraldi law showing" common property characteristics; ignore relatives In regard to marriage and family relations in interests, property relations specification or vacancy or brief.

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