The new principle of"marriage and family are protected by the state"added to the Civil Code is a concrete implementation of the provision of article 49,paragraph 1,of our Constitution Law that"marriage,family,mother and child are protected by the State".The state shall provide various institutional guarantees for the protection of marriage and family,and at the same time guarantee the freedom and equality of individuals in marriage and family.The principle of"marriage and family are protected by the state"can play the function of constitutional guidance interpretation and legality review,and the value concept of marriage and family communitarianism expressed by it can help correct the drawbacks of extreme individualism and excessive rationalization.In internal relations,the freedom of marriage is protected by the state,and the law should reduce obstacles to marriage and follow the principle of moderation of obstacles to marriage;limit the scope of application the cooling-off period for divorce.In external relations,when a third party intrudes on the marriage relationship of another person,reference may be made to the applicable norms for the protection of personality rights,but only if the spouse at fault and the third party are at serious fault.In order to balance the protection of marriage and family with the interests of creditors,if one of the spouses is in debt and his/her personal property is insufficient to settle the debt,the marital property of the debtor and his/her spouse is presumed to be community property,and the debtor spouse may file an enforcement objection lawsuit.
protection of marriage and familyfundamental rightcommunitarianismdivorce cooling-off periodintrusion into marriage
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