公证在离婚夫妻签订婚姻协议中的作用

Akrimni Nur Zakiyyah, S. Wahyuningsih
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引用次数: 0

摘要

婚姻制度的存在是为了使男女之间的法律关系合法化。由于婚姻的重要后果,社会需要一个共同生活的规范,即关于共同生活的开始、实施、延续和终止的条件。然而,不幸的是,许多人在家庭生活中以离婚告终。这是人们经常使用的唯一方法来结束家庭冲突,因此它对孩子或离婚夫妇中的一方有负面影响。在此基础上,本研究旨在找出并分析公证员在离婚夫妻的婚姻协议契据制作中的作用,以及婚姻协议在离婚夫妻中的作用。本文的研究方法采用社会学和法学的研究方法,并辅以描述性的研究规范。数据来源和数据收集方法采用了定性分析的一手和二手数据。本研究结果表明,公证员在履行其职责和地位时的权威是做出真实的契据。在离婚中,婚姻协议的作用是尊重和欣赏双方的尊严,并确保夫妻双方必须履行的权利和义务是有限度的,但在婚姻中,如果将来出现问题,则有财产分配的规定。离婚纠纷中,当事人希望将共同财产纳入共同判决的,其结果是和平的,审查不需要像审查一般与婚姻协议无关或不受婚姻协议约束的婚姻财产那样经过许多阶段的审查。
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Notary Role in Making of a Marriage Agreement for A Husband & Wife Couple in Divorce
The existence of the institution of marriage is to legalize the legal relationship between a man and a woman. Due to the very important consequences of marriage, society needs a regulation of living together, namely regarding the conditions for the inauguration, implementation, continuation and termination of living together. However, it is unfortunate that many people in their domestic life end up in divorce. This is what people often use as the only way to end domestic conflicts, so that it has a negative impact on children or one of the divorced couples.Based on this description, this study aims to find out and analyze how the role of a notary in making a marriage agreement deed for a husband and wife in divorce and analyze how the function of a marriage agreement in a husband and wife in divorce. The research method in this thesis uses a sociological juridical approach with descriptive research specifications. Data sources and data collection methods used primary and secondary data which were analyzed qualitatively. The results of this study indicate that the authority of a notary in carrying out his duties and position as a notary is to make an authentic deed. The function of the marriage agreement deed in divorce is to respect and appreciate the dignity of each party and to ensure that there are limits to the rights and obligations that must be carried out by husband and wife, but in marriage there are provisions for the distribution of assets if a problem occurs in the future. if the parties wish that the joint property be included in the joint decision with a divorce dispute, the results to be obtained are for peace and the examination does not require many stages of examination as the examination of marital property in general which is not related or bound by a marriage agreement.
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