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仅从婚姻法角度看婚姻登记可以得出婚姻登记是婚姻行为的成立条件,但同时婚姻法是民法的特别法,一些基本的问题应该适用同样的法理,然而从民法角度看,则会得出婚姻登记不是婚姻行为成立条件的结论。之所以会得出如此结论是因为婚姻法(广义)的规定,实践中虽利于法官断案,但一方面对一些当事人应有的保护不到位,另一方面也与法理相悖,产生逻辑混乱。
Only from the perspective of marriage law marriage registration can be drawn marriage registration is the conditions for the establishment of marriage, but at the same time marriage law is a special law of civil law, some basic issues should apply the same legal theory, but from the perspective of civil law, it will come to marriage registration Not the conclusion of the conditions for the establishment of marriage. The reason why such a conclusion can be drawn is that the provisions of the Marriage Law (broad sense) are conducive to judge’s dismissal in practice. On the one hand, the protection due to some parties is not in place, on the other hand, they also run counter to the jurisprudence and cause confusion in logic.