What are the similarities and differences between marriage and family relationships and civil relationships?

Similarities: Both areas of law govern personal relationships and property relationships.

Differences: In marriage and family legal relationships, personal relationships play the leading role, while in civil relationships, property relationships predominate.

  • Property in civil relationships tends to be goods, currency, and exchanged-for-goods, while in marriage and family legal relationships, the property is mainly concerned with meeting family needs;
  • Marriage and family legal relationships are stable and of long duration with the indefinite term, while civil legal relationships exist for a certain period committed to by the parties or prescribed by law;
  • The subjects of marriage and family legal relationships can only be individuals, while civil legal relationships include individuals, legal entities, households and cooperatives;
  • Objects of marriage and family legal relationships include personal and property interests and actions, while civil legal relationships include property, actions, services, results of creative activities, personal values and land use rights;
  • The content of the marriage and family legal relationships include the rights and obligations of family members, while civil legal relationships include the rights and obligations of the subjects engaging in the civil legal relationship.

In addition, the Law on Marriage and Family and the Civil Law have a close association with each other. Some provisions of the Law on Marriage and Family were formed on the basis of the Civil Law and vice versa. For example, the provisions on property ownership, guardianship, representation and inheritance in the Civil Law are the source of the provisions related to these subjects in the Law on Marriage and Family. Regulations on relationship between husband and wife and parents and children in the Law on Marriage and Family are the basis for settling inheritance disputes in the Civil Law.

No response