论破绽主义离婚立法下的分居

分居制度作为对不可离婚的补救而源于寺院法,在禁止离婚时期它对调解夫妻关系起过重要的作用。在现代社会仍有相当的国家保留此制,但其功能、形式和效力与以往大不相同。在破绽主义离婚立法出现后,分居又成为破绽之推定。我国修正后的《婚姻法》亦将分居作为破绽的推定。

On the Separation and the Law of Broken-down Divorce

As a complimentary measure to the indivertible case, separation originated from the rule of fane. In the time when divorce was prohibited, it played a very important role in interceding the relation between spouses. In modern society, a lot of countries have maintained this rule, but, the function, the form and force of it has changed a lot. After the law of divorce, separation became the evidence of divorce.