婚姻的法经济学分析

Law and economics analysis to marriage

从法经济学角度看,婚姻关系不但是一种契约,而且是一种关系契约。结婚的经济缘由取决于当事人成本与效益的比较。而影响婚姻效力的因素主要有结婚登记的履行、婚姻当事人缺乏缔约行为能力和资格、当事人意思表示不真实、重婚和近亲结婚以及患有医学上认为不应当结婚的疾病且婚后尚未治愈等。

From the point of view of law and economics, marriage is not only a contract, but a Relation Contract. The economic reasons of marriage depend on the comparison between costs and benefits of the two parties. Factors affecting the effectiveness of marriage are mainly the fulfillment of marriage registration, the lack of contracting capacity and qualification of marriage parties, unauthentic means, bigamy and marriage with close relatives,and the marriage diseases which have been prohabited medically and have not been cured after marriage.