Chapter 273: Case Discussion
Article 1: This Law is the basic norm for marriage and family relations. Pen @ fun @ pavilion wWw. ļ½ļ½ļ½Uļ½Eć ļ½ļ½ļ½ļ½
Article 2 A marriage system of freedom of marriage, monogamy, and equality between men and women shall be implemented.
Protect the legitimate rights and interests of women, children and the elderly.
Family planning is practiced.
Article 3 prohibits arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage.
Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.
Article 4: Husbands and wives shall be faithful to each other and respect each other; Family members shall respect the old and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.
Chapter 2 Marriage
Article 5 Marriage must be of complete voluntary choice between the man and the woman, and neither party shall be allowed to coerce the other or any third party to interfere with it.
Article 6 The age of marriage shall not be earlier than 22 years old for men and 20 years old for women. Late marriage and late childbearing should be encouraged.
Article 7: Marriage is prohibited in any of the following circumstances:
(1) Immediate blood relatives and collateral blood relatives within three generations;
(2) Suffering from a medical illness that is medically deemed unfit for marriage.
Article 8 A man and a woman who are required to get married must register their marriage in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.
Article 9 After the marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family according to the agreement between the man and the woman.
Article 10: In any of the following circumstances, a marriage is null and void:
(1) bigamy;
(2) There is a family relationship that prohibits marriage;
(3) Suffering from a disease that is medically deemed unfit for marriage before marriage, and has not been cured after marriage;
(4) They have not reached the legal age for marriage.
Article 11: Where a marriage is entered into due to coercion, the coerced party may request the marriage registration authority or the people's court to revoke the marriage. A request by the coerced party to annul the marriage shall be submitted within one year from the date of registration of the marriage. Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.
Article 12 A marriage that is invalid or annulled shall be null and void ab initio. The parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party. The disposition of property that results in an invalid marriage due to bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. For children born to the parties, the provisions of this Law on parents and children shall apply.
Chapter 3 Family Relations
Article 13 Husbands and wives are equal in the family.
Article 14 Both husband and wife have the right to use their own names.
Article 15 Both husband and wife have the freedom to participate in production, work, study, and social activities, and one party must not restrict or interfere with the other.
Article 16 Both husband and wife have the obligation to practice family planning.
Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by husband and wife:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) the proceeds of intellectual property rights;
(4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
(5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
(1) One party's premarital property;
(2) Medical expenses, living allowances for the disabled, and other expenses received by one side as a result of bodily injury;
(3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
(4) Daily necessities for the exclusive use of one side;
(5) Other property that shall belong to one party.
Husband and wife may stipulate that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 17 and 18 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.
If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.
Article 20 Husbands and wives have the obligation to support each other.
If one party fails to fulfill the maintenance obligation, the party in need of maintenance has the right to demand that the other party pay maintenance.
Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.
If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.
In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.
Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.
Article 22: Children may take their father's surname or their mother's surname.
Article 23: Parents have the right and duty to protect and educate their minor children. Parents are obliged to bear civil liability when their minor children cause damage to the state, the collective, or others.
Article 24 Husbands and wives have the right to inherit each other's inheritance.
Parents and children have the right to inherit from each other.
Article 25: Children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them.
A biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and education expenses until the child is able to live independently.
Article 26: The State protects lawful adoptive relationships. The rights and obligations between adoptive parents and adoptive children shall be governed by the relevant provisions of this Law on the relationship between parents and children.
The rights and obligations between the adoptive child and the biological parents are extinguished by the establishment of the adoptive relationship.
Article 27: There must be no abuse or discrimination between stepparents and stepchildren.
The rights and obligations between a stepfather or stepmother and a stepchild who is being raised and educated by him shall be governed by the relevant provisions of this Law on the relationship between parents and children.
Article 28: Grandparents who can afford it have the obligation to support their minor grandchildren whose parents have died or whose parents are unable to support them. Grandchildren who can afford it have the obligation to support their grandparents who have died or whose children are unable to support them.
Article 29: Older brothers and sisters who are able to afford it have an obligation to support minor younger brothers or sisters whose parents have died or whose parents are unable to support them. Younger brothers and sisters who have been raised by older brothers or sisters who can afford it have the obligation to support their older brothers and sisters who lack the ability to work and lack a source of livelihood.
Article 30: Children shall respect their parents' marital rights, and must not interfere with their parents' remarriage or their lives after marriage. A child's obligation to support his or her parents does not end when there is a change in the marital relationship between the parents. (To be continued.) )