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The grounds for nullity of marriage include the following:
1.Bigamy; 2.close family marriage; 3.under the legal age of marriage; 4.Those who are unable to be humane due to physical defects; 5.The meaning is flawed.
Legal basis] Article 7 of the Marriage Law [Prohibition of Marriage] 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.
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In the Civil Code, the reasons for the invalidity of marriage include bigamy, kinship that prohibits marriage, and the fact that the marriage age has not been reached.
Civil Code of the People's Republic of China
Article 1051: [Circumstances of Invalid Marriage]In any of the following circumstances, the marriage is invalid:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
Article 1054: [Legal Consequences of Nullity and Annulment of Marriage] An invalid or annulled marriage is not legally binding from the beginning, and 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 an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.
The provisions of this Law on parents and children shall apply to children born to the parties.
If the marriage is invalid or annulled, the innocent party has the right to claim damages.
The Civil Code stipulates that evidence is required for an invalid marriage.
When filing a lawsuit with the people's court to declare a marriage null and void, the materials to be prepared vary depending on the reason for the invalidity of the marriage.
1) Where an application is made for a declaration of invalidity of a marriage on the grounds of bigamy, the main materials are the marriage certificate and the identity cards of both parties, as well as evidence that can prove that the marriage is bigamy, and so on.
2) Where an application is made for a declaration of invalidity of a marriage on the grounds that there is a family relationship that prohibits marriage, the marriage certificate, ID card, household registration booklet, and other supporting materials that can prove the close kinship between the parties are to be provided.
3) If the applicant applies for a declaration of annulment of marriage on the grounds that he or she suffers from an illness prohibited by law before marriage and it is difficult to obtain a marriage after marriage, the marriage certificate, the ID cards of both parties and the diagnosis certificate of the hospital shall be provided, as well as relevant materials proving that the illness before marriage is difficult to obtain after marriage. At the same time, after accepting a case of invalidating a marriage, if it is indeed an invalid marriage, the people's court will make a judgment on the issue of property and children together, so it is best for the parties to provide the original and photocopies of various property lists including house title certificates, bank accounts, checks, etc., as well as opinions on property division and child support, when applying for a declaration of annulment of marriage.
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Article 1051 of the Civil Code stipulates that a marriage shall be invalid under any of the following circumstances: (1) bigamy; 2) Have a family relationship that prohibits marriage; 3) They have not reached the legal age for marriage.
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Marriage is null and void under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
4) Those who are unable to be humane due to physical defects;
5) The expression of intent is flawed. According to Article 1048 of the Civil Code, marriage is prohibited between lineal blood relatives or collateral blood relatives within three generations.
Article 1048 of the Civil Code of the People's Republic of China prohibits marriage between direct blood relatives or collateral blood relatives within three generations.
Article 1046 of the Civil Code of the People's Republic of China provides that marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other party, and it is forbidden for any organization or individual to interfere.
Article 1051 of the Civil Code of the People's Republic of China shall invalidate a marriage under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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An invalid marriage is a union between a man and a woman that does not have legal effect because of the absence of the legal conditions for the establishment of marriage. Annulment of marriage can be divided into ex officio nullity and nullity. Of course, invalidity means that when there are statutory circumstances for the invalidity of a marriage, the parties can claim invalidity on their own.
Nullity means that a marriage needs to go through the procedure of declaration and confirmation before it can have legal effect from beginning to end.
China's Marriage Law stipulates that there are four circumstances under which a marriage is invalid:
1. Bigamy;
2. There is a family relationship that prohibits marriage;
3. Suffering from a disease that is medically considered unsuitable for marriage before marriage, and has not been ** after marriage;
4. Those who have not reached the legal age for marriage.
1) Bigamy in the case of invalid marriage refers to the illegal act of registering a marriage with another person who has a spouse, or the illegal act of registering a marriage with another person knowing that another person has a spouse. Monogamy is the basic system of marriage and family in our country, and it is also the basic principle of the socialist marriage system. The offence of bigamy violates the basic principle of monogamy, and therefore the Marriage Act clearly stipulates that marriages in the case of bigamy are null and void.
2) Circumstances in which a marriage is invalid include a prohibition of marriage: due to the long-established ethical concepts and genetic theories in our country, all marriages that belong to direct blood relatives and collateral blood relatives within three generations are invalid marriages. Lineal blood relatives who are prohibited from marriage shall include fictitious lineal blood relatives, such as adoptive parents and adoptive children, stepparents and stepchildren who have a relationship of upbringing and education, and although there is no blood relationship between fictitious blood relatives, due to ethical concepts and customs, as well as the principle of protecting adopted children and stepchildren, both men and women with fictitious blood relatives are prohibited from marrying.
3) Circumstances in which a marriage is invalid is a case of illness that is medically unfit for marriage, and the parties to the marriage are found to be suffering from a serious hereditary disease, a designated infectious disease, a related mental illness, or other illness related to marriage and childbearing, and the marriage is deemed to be medically unfit for marriage, and the marriage is invalid if the parties have registered their marriage.
4) Circumstances in which a marriage is invalid Before reaching the legal age of marriage, the Marriage Law of the People's Republic of China stipulates that the age of marriage shall not be earlier than 22 years for men and 20 years for women. The legal age of marriage will vary in minority areas, and ethnic autonomous areas may take into account the specific conditions of their own ethnic groups in marriage and family.
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There may be the following reasons. 1. The circumstances of bigamy make the marital validity of bigamy invalid; 2. Both parties have a kinship that is prohibited by Chinese law. Direct blood relatives and collateral blood relatives within the third generation of Bixing cannot marry; 3. Both or one of the parties has not reached the legal age of marriage as stipulated by the laws of our country.
Boys must not be earlier than twenty-two years of age and girls must not be earlier than twenty years of age. If there is remorse or uproar, the marriage contracted will be null and void.
[Legal basis].Article 1051 of the Civil Code of the People's Republic of China Article 1051 In any of the following circumstances, a marriage shall be invalid:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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The reasons for the annulment of marriage are as follows: 1. It is bigamy. Bigamy refers to the act of remarrying a person who has a spouse.
That is, one marriage is already in place, and a second marriage is entered into with another person. 2. Not having reached the legal age for marriage. 3. Both parties are direct blood relatives or collateral blood relatives within three generations.
[Legal basis].
According to Article 1051 of the Civil Code, a marriage shall be invalid under any of the following circumstances: (1) bigamy; 2) Have a family relationship that prohibits marriage; 3) They have not reached the legal age for marriage.
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The circumstances under which a marriage is annulled are:
1. Bigamy; 2. Both parties or one of the parties have not reached the legal age of marriage, that is, the male is earlier than 22 years old, or the female is earlier than 20 years old;
3. Fang is a direct blood relative or a collateral blood relative of three generations;
4. Other circumstances in which the double marriage is invalid.
[Legal basis].Article 1051 of the Civil Code of the People's Republic of China.
Marriage is null and void under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
Article 1047.
The age of marriage shall not be earlier than 22 years for men and 20 years old for women.
Article 6 of the Marriage Registration Regulations.
If the parties to the marriage registration have any of the following circumstances, the marriage registration authority shall not register:
1) They have not reached the legal age for marriage;
2) It is not voluntary;
3) One or both of them already have a spouse;
4) Belong to direct blood relatives or collateral blood relatives within three generations;
5) Suffering from a medical illness that is considered unfit for marriage.
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