According to the general theory,marriage registration is simply interpreted as the formal requirements for the conclusion of marriage.Article 1049 of the Chinese Civil Code adopts the expression of"a marital relationship shall be estab-lished upon completion of the marriage registration",and there is no clear distinction between"marriage conclusion"and"mar-riage registration".From the perspective of judicial practice,this unitary structure is not enough to clarify the normative rela-tionship between marriage conclusion and marriage registration,and the unique"post-registration"norm has exacerbated the confusion in understanding.Normatively,it is necessary to clarify the nature of marriage registration as administrative confir-mation and limit its purpose to the public announcement of the concluded marriage relationship.The determination of the rights and obligations of the parties within marriage should return to private law,with the will of the parties as the priority considera-tion.At the same time,the substantive meaning of"post-registration"also needs to be further refined in this binary struc-ture.In order to balance individual rights and social trust,we can draw on the principle of registration antagonism to construct a basic normative framework for the judicial application of Article 1049.
Conclusion of MarriageMarriage RegistrationPost-RegistrationCohabitationRegistration Antago-nism
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