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Anonymous users2024-02-06Legal Analysis: Freedom of marriage includes freedom to marry and freedom to divorce. Freedom to marry refers to the freedom of the parties to an imitation marriage to enter into a marriage in accordance with the law.
Whether or not a person is married and with whom he or she marries is his own right, and no one has the right to interfere with it. Freedom of divorce refers to the freedom of husband and wife to dissolve their marriage in accordance with the law.
Legal basis: Article 1041 of the Civil Code of the People's Republic of China Marriage and family are protected by the state. Freedom of marriage, monogamy, and equality between men and women are practiced. Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.
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Anonymous users2024-02-05The main basic principles are the principle of freedom of marriage. Including the freedom to marry and the freedom to divorce.
The freedom to marry means that marriage must be of the sole discretion of both the man and the woman, and neither party is allowed to compel the other or any third party to interfere with it. The freedom of divorce, that is, the request of either man and woman for the dissolution of the marital relationship on the basis of the breakdown of the relationship between the husband and wife, is protected by law. Monogamous principle.
That is, a man can only marry one wife, and a woman can only marry one husband. The principle of equality between men and women. For the purposes of marriage law alone, equality between men and women refers to the equality of rights and duties between men and women in marriage and family relations.
Article 1041 of the Civil Code of the People's Republic of China Marriage and family are protected by the State. Freedom of marriage, monogamy, and equality between men and women are practiced. Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.
Article 1042 of the Civil Code of the People's Republic of China 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.
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Anonymous users2024-02-04Legal Analysis: The freedom of marriage is the embodiment of the principle of freedom and equality in civil law. Civil subjects not only enjoy the freedom to marry, but also enjoy the freedom to divorce, the law respects the autonomy of the parties, and no one may illegally interfere with the freedom of marriage of others. Mu key.
Legal basis: Article 1041 of the Civil Code of the People's Republic of China stipulates that marriage and family are protected by the state.
The marriage system of freedom of marriage, monogamy, and equality between men and women is practiced. Protect the legitimate rights and interests of women, minors, the elderly, and the disabled. Article 1046 of the Civil Code of the People's Republic of China stipulates:
Marriage shall be completely voluntary between the man and the woman, and neither party shall be allowed to coerce the other, and it shall be forbidden for any organization or individual to interfere with it. Article 1076 of the Civil Code of the People's Republic of China stipulates that if a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
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Anonymous users2024-02-03What is included in the principle of freedom of marriageFreedom of marriage is a basic principle of the Civil Code of the People's Republic of China, including the freedom to marry, the freedom to divorce and the freedom not to marry. The freedom to marry is the freedom of a man and a woman to enter into a marriage relationship, that is, both men and women must be completely voluntary and truthful, and one party is not allowed to coerce, deceive or take advantage of the other's book, and no one is allowed to coerce or unlawfully interfere with it under any pretext. At the same time, the marriage must comply with the conditions and procedures established by law.
Freedom to divorce refers to the freedom to dissolve a marriage. It includes two meanings: first, the husband and wife have the right to jointly make a divorce decision and reach a divorce agreement; Or, in the event that the relationship between the husband and wife has broken down and the marital relationship cannot be maintained, either spouse has the right to file for divorce, and no one can interfere with it.
Second, the divorce must meet the legal conditions, perform legal procedures and bear the corresponding legal consequences. Freedom to marry and freedom to divorce constitute the full meaning of the principle of freedom of marriage, freedom to marry is a prerequisite for the realization of freedom of marriage, freedom of divorce is an important supplement to freedom to marry, without which there can be no complete freedom of marriage. Freedom of marriage is an important right granted to citizens by law, but the freedom to marry is limited and must be in accordance with the conditions and procedures prescribed by law.
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Anonymous users2024-02-02The difference between the principle of freedom of marriage and the autonomy of marriage is mainly reflected in the following:
2. The right to marital autonomy is a de facto right, and the freedom of marriage is a legislative value orientation;
3. The autonomy of marriage must be based on the true agreement and action, but the freedom of marriage is not the same.
Legal basisArticle 1041 of the Civil Code.
Marriage and family are protected by the state.
Freedom of marriage, monogamy, and equality between men and women are practiced.
Protecting the legitimate rights and interests of women, minors, the elderly, and the disabled.
Article 1042.
Arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited. 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.
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