Legal Daily give up the marriage law obligation not claim rights — Perspective —

Legal Daily: give up the marriage law obligation not claim rights — Perspective — original title: give up the marriage law obligation right don’t ask for fake divorce is a kind of self deception, can enjoy preferential policies and regulations to avoid or transfer of property to avoid the debt, but this kind of fake Divorce Act contains legal risk unlimited purchase policy in order to avoid the real estate, or enjoy the proportion of down payment, loan interest and other concessions, the recent period of time between husband and wife fake divorce occurred frequently. Recently, the court hearing with fake divorce disputes, to enjoy the low down payment and loan interest rate concessions, Ms. Chen and her husband Lee handled fake divorce, the husband of the woman is rencailiangkong (a false thing becomes true, in October 13th the "Beijing morning news"). According to the provisions of the marriage law, as long as the couple consensual divorce, the law granted a divorce, the marriage registration office to identify the parties is indeed voluntary and children and property issues have been properly addressed, will be issued a certificate of divorce to confirm the dissolution of a marriage. The so-called false divorce does not belong to the legal word, because the divorce agreement only need to receive a marriage certificate issued by the registration authority, the marriage relationship is declared the end, there is no true and false. The social attention on the phenomenon of "fake divorce", the "false" real sense refers to the couple divorce is not the true meaning of the two sides, the feelings are not broken, but the marriage registration office deliberately conceal the truth. Autonomy is the basic principle of civil law, this principle in the marriage law which embodies the freedom of marriage, freedom of divorce, but autonomy must be true means to protect their own interests, contrary to the true inner meaning of providing false information to the law enforcement and judicial organs, in fact, is to give up their legal obligations. The legal provisions of the marriage registration office to identify whether the two sides voluntary divorce agreement, but the ideological condition of the identified only by as detailed as possible to ask, can not go beyond the autonomy rights not granted a divorce, therefore, the marriage registration office to identify the path is limited, more limited power. The divorce agreement whether the two sides out of true meaning, the marriage registration office only a formal review, not a substantive review, that is to say, the marriage registration authority is unable to prevent fake divorce behavior, which means the two sides of the voluntary divorce agreement the authenticity of legal obligation. Reports of the parties is not because of emotional breakdown of marriage cannot sustain to choose divorce, but to enjoy and purchase loans after the divorce of preferential policies, voluntary legal obligations should be real "this behavior apparently abandoned the divorce. The unity of right and obligation is the basic principles of civil law, the obligation to give up some means to enjoy certain rights, specific to this case, the couple gave up legal obligations at the time of divorce, the marriage law cannot protect the property rights and interests of both sides. Therefore, the two court that Ms. Chen claims due to divorce, the court should take care of themselves and the interests of children, to house all of its claim without legal basis and shall not be accepted. This case shows that the so-called fake divorce is a kind of self deception, though)相关的主题文章: