【正文】 s consent to employment. This makes The French Civil Code, is more suitable for modern society。 abolished respected certification system to achieve child marriage autonomy without parental approval。s interests, until the early 20th century was 山東科技大學(xué)本科畢業(yè)論文 28 modified. In marriage, the weakened authority of the husband, husband and wife in the moral and material comanagement of the family, negativeResponsible for their children39。s position description, the most oppressed man can oppress a people, thatIs his wife, she is the proletariat of the proletariat. Although some women still cry, such as President schools reported female editors, this situation made antiProposed, but not too new perspective, not a requirement just to protest it. Bourgeois women were looking down on women39。s surname, without her husband39。 wife only when her husband publiclyCode drafters ofOne of the Portalis points to such a the guiding principle of: his wife more than her husband39。s home. (E) family issues on offense, the husband and wife in inequality before the law If the Augustus era, abolished the husband own trial his wife39。 mit adultery shall not adulterer married. The law on women39。 divorce after three years may not remarry。s consultant, if she remarried, the widow must obey the family consultant39。s custody, they can not get rid of the husband, as the judge to represent the husband39。s letters, and can ask the postal service to her letters to him, or even destroyed. Wife of all social lines To have to be her husband39。s residence, the wife must go hand in hand to him, absolutely can not live in his office, or Criminalization。 her husband died in a crime 山東科技大學(xué)本科畢業(yè)論文 25 and fines can be the mon property To pay, but his wife if he shall be fined, in the mon property, you should see the use of his wife all removed usufruct of personal property to pay. (C) his wife in life does not have an independent personality. They are husband appendages of the marriage will lose the name, if the divorce, the general practice is not allowed to women reuse exhusband39。 the mon property of the husband of a person running, a husband may, without his wife39。s property inheritance rights, even the habit Law of succession Portion no. Even if the husband in the marriage to his wife extensive rights, the wife can only use those rights to manage their own property in the dynamic Production, not management of matrimonial property. In general, the wife of all personal property by the husband to manage, the husband can separate his wife39。s wages. To preserve the family and family property, inheritance provisions of successor sequence , The wife of the husband39。 can not remarried widows, presented this request is subject to her husband recently geically the two men together and follow the procedures before they may detain their children. In short, women are deprived of citizenship, can not exercise legal rights, to act as guardian. (B) his wife in the economy there is no autonomy Code Article 108 to 124 stringent requirements of family property administered by the husband, the wife inheritance, lifetime gift, acquisition, disposal or mortgage of a Property shall be subject to her husband39。s permission to return to France and to declare an intention to settle in France are limited. Ru husband remarried, Required detention exwife39。 French women married to foreigners, but also by their husband39。 if the mother in their home away from birth, from birth to Master declaration. Foreign women and the French marriage, according to their husband39。 can not act as a witness, Identity Certificate witnesses must be at least over 21yearold male, even the babies birth certificate of the witness can not be fully When the. Baby39。 山東科技大學(xué)本科畢業(yè)論文 23 附錄 The French Civil Code in marriage and family status of women French Revolution storm earthshaking, but on the family system has not been much touched. Napoleon as a bourgeois successor, and there is no breach ofStructure, rather let a woman a mother, that to stabilize the munity will establish the authority of the husband, his wife as a victim. He openly: to do what you want to doMatter of the woman, not for the Frenchstyle woman. 1804 enacted the Code is to establish the husband has a head of the family as the absolute authority, the concept of wifeChild should obey her husband principle. 19thcentury legal system is only strengthened the Code of harshness. (A) women do not have their legal status Code section 442 provides that women and insane, minors as not have their own legal status, can not serve as guardian。同時我還要感謝在我學(xué)習(xí)期間給我極大關(guān)心和支持的各位老師以及關(guān)心我的同學(xué)和朋友。如果我們還象以前那樣只做形式上的全盤考慮，卻始終不抓住重點，就只能周而復(fù)始地解決技術(shù)層面的東西，進而使整個的立法過程陷入循環(huán)往復(fù)的怪圈，造成立法資源的巨大浪費 !也許我們所做的部分探討可能在目前并無太多實際的意義，但是對于一部法典的制定而言，理論準(zhǔn)備其整體卻反映著一個國家，一個民族所追求的價值理念，而且這些理論準(zhǔn)備的價值取向又直接影響到整部法典的風(fēng)貌，完全約定化夫妻財產(chǎn)制度的建立并不是一朝一夕就能完成的，需要我們共同的努力，不斷地進行完善才能長久的適用下去。與這個標(biāo)準(zhǔn)相比，我國婚姻法還有很長的路要走。法院在審理婚姻財產(chǎn)糾紛時應(yīng)嚴(yán)格按夫妻雙方當(dāng)事人事先的約定再根據(jù)具體情況進山東科技大學(xué)本科畢業(yè)論文 19 行具體分析，為完全約定化夫妻財產(chǎn)制度提供司法保障。 對婚姻和繼承的一些制度進行改革 建立完全約定化夫妻財產(chǎn)制度應(yīng)該同時對婚姻和繼承的一些制度進行改革，使之相輔相成僅僅對財產(chǎn)約定進行規(guī)定并不能實現(xiàn)完全意義上的民主，對婚姻和繼承制度的一些改革可以使完全約定化財產(chǎn)制度更好更快的實踐下去。但是，從維護財產(chǎn)約定的效力角度講，應(yīng)該對變更或撤銷進行限制，變更或撤銷應(yīng)該不得損害國家或集體利益，涉及到第 三人利益時應(yīng)征得第三人的同意，同時還必須履行一定的手續(xù)，如同第一次約定一樣，重新進行登記和公示。”但大多數(shù)國家則允許當(dāng)事人在財產(chǎn)約定后進行變更或撤銷。 對約定后的效力作出規(guī)定 建立完全約定化夫妻財產(chǎn)制度應(yīng)對夫妻雙方約定后是否可變更或撤銷約定進行規(guī)定一些國家規(guī)定在夫妻約定財產(chǎn)以后，不得變更或撤銷。這樣一來，夫妻的財產(chǎn)約定就取得了公示效力，可以對抗第三人。同時，進行財產(chǎn)約定技術(shù)性較強，為防止一方欺詐、脅迫另一方進行約定，應(yīng)由法律專員對夫妻雙方的約定進行登記，也可以提供法律上的幫助，實現(xiàn)公平公正。二是登記方式，以日本、韓國為代表，規(guī)定夫妻財產(chǎn)契約應(yīng)于婚姻申報時登記。具體來講，建立這一制度有許多的問題要解決，可 以先用行政法規(guī)來規(guī)定，看看效果，爭取全社會人民的意見，使之符合民意，也許完全建立現(xiàn)在還有點困難，但立法的發(fā)展趨勢是向這發(fā)展的，這也是順應(yīng)民意的。完全約定化夫妻財產(chǎn)制度的建立必須在立法上進行確定，使這一制度的實行有法的保障。所以將公共秩序、善良風(fēng)俗的道德規(guī)范上升到強制性的法律規(guī)范還需考