-
Anonymous users2024-02-05Hello, now China's marriage law does not recognize de facto marriage, no matter how long, the state does not recognize the relationship between men and women who live together in the name of husband and wife without marriage registration, and they are treated as cohabitation.
However, according to Article 25 of the Marriage Law of the People's Republic of China, 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. Therefore, legitimate children and illegitimate children, although they are different products of legal and illegal marriages in the form of birth, have the same legal status and bear the same rights and obligations.
Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (Fa Shi [2001] No. 30, promulgated on December 25, 2001, effective as of December 27, 2001).
Article 5: Where a man and a woman who have not completed marriage registration in accordance with article 8 of the Marriage Law and live together in the name of husband and wife, and file a lawsuit with the people's court for divorce, they shall be treated differently:
1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman had met the substantive requirements for marriage, it was to be handled as a de facto marriage;
2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.
-
Anonymous users2024-02-04Your child is born out of wedlock and is treated the same as a legitimate child, are you asking how long it will take for you to be legally recognized as married? The law does not appear to have such a provision.
-
Anonymous users2024-02-03Not getting a marriage license will never be recognized by law.
-
Anonymous users2024-02-02Without marriage, the law is not protected.
-
Anonymous users2024-02-01If the facts are established, the marriage is recognized and can be reissued.
-
Anonymous users2024-01-31Cohabitation for several years is generally not recognized by law as husband and wife. The parties to a de facto union have the purpose of marriage and the form of living together. Whether or not a man treats a woman as spouse is an important difference in the content of a de facto marriage from other non-marital relationships.
Because, all illegal sexual acts have no purpose for marriage and no form of living together.
The so-called de facto marriage actually refers to a marriage formed by a man and a woman living together as husband and wife without registering their marriage with the marriage registration office in accordance with the law. In fact, a de facto marriage is also a way of existing, but it is not recognized and protected by the law. The property during the period of cohabitation can be distributed.
Where a party files a lawsuit requesting the dissolution of a cohabitation relationship, the people's court will not accept it. However, where the parties request Li Ji to dissolve the cohabitation relationship, where a person with a spouse cohabits with another person, the people's court shall accept it and dissolve it in accordance with law. Where parties initiate litigation due to disputes over the division of property or child support during the period of cohabitation, the people's courts shall accept it.
Legal basisArticle 1049 of the Civil Code of the People's Republic of China.
A man and a woman who wish to marry shall apply for marriage registration 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. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
Article 1052.
Where marriage is entered into under duress, the coerced party may request the people's court to annul the marriage.
Where a request for annulment of marriage is made, it shall be submitted within one year from the date on which the coercive act is terminated.
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.
-
Anonymous users2024-01-30Cohabitation in matrimonial law? It must be a continuous and stable cohabitation relationship, usually more than three months.
Interpretation 1 of the Marriage Law.
Article 2: The circumstances of "cohabitation of a person with a spouse with another person" as provided for in articles 3, 32, and 46 of the Marriage Law refers to a person with a spouse living together with a person of the opposite sex outside of marriage, not in the name of husband and wife, on a continuous and stable basis.
-
Anonymous users2024-01-29According to the provisions of the Marriage Law and relevant judicial interpretations, cohabitation before February 1, 1994 and meeting the requirements for marriage may be determined as a de facto marriage even if it has not been registered, but cohabitation thereafter cannot constitute a de facto marriage.
As long as you did not cohabit as husband and wife before February 1, 1994, no matter how long it has been, it does not constitute a de facto marriage, you should re-register the marriage in time, otherwise it will be regarded as illegal cohabitation.
The new Marriage Law has abolished de facto marriages, which means that the law now does not recognize de facto marriages, but only marriages that have been registered with legal formalities.
Article 5 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China dated December 27, 2001 stipulates that if a man and a woman who have not registered their marriage in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife and sue the people's court for divorce shall be treated differently: before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs on February 1, 1994, if both the man and the woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage; After the promulgation and implementation of the Ministry of Civil Affairs' Regulations on the Administration of Marriage Registration on February 1, 1994, the people's court where both the man and the woman meet the substantive requirements for marriage shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.
How long cohabitation will not become a fact, and the marriage will include marriage.
Or illegal cohabitation.
The cohabitation before February 92 was a de facto marriage, and the subsequent cohabitation was an illegal cohabitation.
Lawyer Liu Yannan has nothing to do with marriage now, only getting a marriage certificate is a legal marriage relationship, and cohabitation is a cohabitation relationship for how long it takes to live together.
If the act of cohabitation that began before February 1, 94 is considered to be a de facto marriage, and the stepmother and the stepchild form a relationship of support, the stepchild has an obligation to support the stepmother.
It is not possible to convert into a de facto marriage.
After 1994, de facto marriages were no longer recognized under our law. If the stepmother and the stepchild do not form a relationship of support, there is no obligation to support.
No matter how long you have lived together, it is not a de facto marriage without a marriage certificate. A marriage certificate is a de facto marriage.
The 1994 Marriage Law stipulates that there is no longer a de facto marriage, and those who do not have a marriage certificate, regardless of whether they have children or not, are in a cohabitation relationship, and only those who have obtained the certificate are legal couples.
A de facto marriage is established if it is openly cohabited as husband and wife. But the current marriage law does not recognize de facto marriages. The offence of bigamy under the criminal law is excluded.
-
Anonymous users2024-01-28Legal analysis: No, only a marriage certificate is recognized by Chinese law as a husband and wife.
Legal basis: Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.
Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
-
Anonymous users2024-01-27Legal analysis: de facto marriage refers to a man and a woman without a spouse, who live together as husband and wife without marriage registration, and the masses also believe that it is a union between the sexes of husband and wife. The Marriage Law has lapsed, and according to the provisions of the Civil Code, de facto marriages are not recognized in China, and the marriage registration system is implemented in China, and unregistered marriages are not protected by law.
Legal basis: Article 1049 of the Civil Code of the People's Republic of China Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. In accordance with the provisions of this Law, Shengzhao shall be registered, and the marriage certificate shall be issued and rented.
The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
-
Anonymous users2024-01-26Our marriage law only recognizes de facto marriages prior to 1 February 1994. All cohabitation after this period is considered illegal cohabitation and its actions are not protected by law. It is recommended to reapply for a marriage certificate in a timely manner.
-
Anonymous users2024-01-25Current marriage laws do not recognize de facto marriages, no matter how long they last.
-
Anonymous users2024-01-241.The new marriage law no longer recognizes so-called de facto marriages! ~2.From the date of implementation of the new regulations on the administration of marriage registration (October 1, 1994), if the marriage is not registered, they will live together in the name of husband and wife, and shall be treated as an illegal cohabitation relationship.
3.In other words, no matter how long they live together, a de facto marriage is not established.
The establishment of a marriage relationship can only be registered, otherwise the law does not recognize the marriage relationship, and the cohabiting parties do not have the rights and obligations due to the husband or wife. It's just that now the law is gradually humanizing, and cohabitation was previously called illegal cohabitation, but now it is no longer considered illegal, as long as both parties are consensual.
How long has the history of human use of fire? Many archaeologists are still exploring this question. In the 70s of the 19th century, when Henry Morgan was studying this issue, due to the lack of archaeological data, he could only base on the ethnographic data that existed among Australians and most of the Linians at that time, and set the time when humans began to use fire in the period of the middle obscurantist society, that is, from the acquisition of fish food (equivalent to the late Paleolithic or the beginning of the Mesolithic Age) The history of human use of fire is still based on the concept of tens of thousands of years. >>>More
Depending on what brand you are, the warranty of each brand is different, generally seven days for replacement, one year warranty, and three years for individual warranties.
Gua sha can detoxify, can get rid of wind and cold, relieve fatigue, it is recommended to do it once when necessary, preferably with an interval of more than half a month.
As far as I know, the law does not clearly stipulate the statute of limitations for applying for disability evaluation, but only stipulates that if the primary injury is the main basis for evaluation, the evaluation can be made after the injury, and if the complications caused by the injury are the main basis for evaluation, the evaluation will be carried out after the injury is stabilized. Where the evaluation is based on cosmetic impairment or dysfunction of tissues and organs, the evaluation is to be made after 90 days after the injury. But beware: >>>More
Jinke's coolant is not long-lasting, or ordinary coolant, it is generally recommended to replace it every three years or about 30 million kilometers, ** is not expensive, and it is good to replace the engine.