定期婚姻契约制度设计——对婚姻契约观的另类思考

定期婚姻契约是婚姻自由的体现,符合私法自治理念,因其能缓解大龄男女滞婚及非婚同居、试婚、婚外情等社会问题,减少离婚诉讼,节约司法成本而具有存在价值。但同时,推进定期婚姻须解决好婚姻登记的变革、社会低生育率的压力、婚姻弱势群体的保护以及子女利益保护和婚外债权人利益的保护等问题。定期婚姻契约能够促进契约伦理和家庭伦理的一致,是制定或补充婚姻法律的新思考。

A Design for the Institution of a Fixed- Term Marriage Contract: A New Idea of Marriage Contract

A fixed - term marriage contract embodies freedom of marriage, and is in line with the autonomy con- cept of private laws, as it can address such social issues as delaying marriage by over - aged men and women, non - marital cohabitation, trial marriage, extramarital affairs and so on; it also bears existing value as it is to a- void divorce litigations and to save judicial cost. But to boost the fixed -term marriage contract we are required to solve the following problems： the reform of marriage registration, social pressure of low fertility, protections of the vulnerable side in the marriage together with the right of the child affected and the interests of creditors. Be- ing able to lead to the consistency of contract concepts and family ethics, the marriage contract is a new consider ation in enacting or supplementing marriage law.