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Subject: On Reconstruction of the De Facto Marriage System in China
Author: Dan Shuhua
Keyword: de facto marriage,nt to marry, common life
Newspapers published: Journal of China Women's University
Issue No. original: No.2, 2013
The de facto marriage system is favorable for keeping legal order consistent with life order and realizing justice and equality in substance.Legislation should reconstruct the de facto marriage system in China.both parties of a de facto marriage should have intent to marry,identification standards of which vary according to whether a wedding ceremony was held or not.It could be seen as substantial content of marriage that two parties have lived together for some time continuously or there was a child born while they were living together.It is not necessary to determine marriage appearance according to the title of 'husband' and 'wife' so long as any third party believes,with reason,that the two persons in question are spouses.De facto marriage should be recognized by courts.
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