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The fact that a mentally ill person is not allowed to marry should be dealt with at the time of registration, and once registered, the marriage is valid, and there is no punitive legal provision.
The reason why the law prohibits the marriage of mentally ill people is because they are afraid that this will happen. Once genetic factors cause the next generation to underdevelop, it is the whole family that suffers. You seem to be a pitiful family, but in fact they are the ones who cause their own tragedy.
Why would you marry him even when you know that you are mentally ill? I won't analyze the economic factors in this. His father knew that his son was mentally ill, and he insisted on helping him get married, which was nothing more than the old idea of passing on the family lineage, and as a result, he not only harmed a woman, but also left two children, and in the end, even themselves became a tragedy, is this imposed on them by others?
God only wants to punish his son alone, but because of his father, he has made six people miserable together, so in my opinion, there is nothing worthy of sympathy, if you want to be happy, you must first have the concept and thought of happiness, otherwise you can only harm others and yourself.
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If it's consensual, it's not a crime. A mentally ill person is also a human being, and he also enjoys the rights of a normal person.
Marriage; Article 6: Marriage is prohibited in any of the following circumstances:
1. Immediate blood relatives and collateral blood relatives within three generations;
2. Suffering from leprosy or other diseases that are medically considered unfit for marriage.
But I don't think there is an applicable law for punishment, so it can only be said that it is morally condemnable.
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If it weren't for the daughter-in-law who bought it... If it's consensual, it's not a crime. A mentally ill person is also a human being, and he also enjoys the rights of a normal person.
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Marriage is happy, and each of us wants to have a happy marriage. But in the pursuit of a happy marriage, various unexpected factors can cause your marriage to become unhappy and blessed. ......For example, if you find out that the other party has a serious mental illness after getting married, you will bring serious harm to yourself.
Whether this situation is a fraudulent marriage and how to deal with it needs to be considered on a case-by-case basis. ......Specifically, it includes three situations: if the other party does not know that he has mental illness in advance, it is not considered a fraudulent marriage, if the other party knows that he has a mental illness, it is a fraudulent marriage, and he can choose to divorce after discovering that the other party has a mental illness.
1. If the other party does not know in advance that he has a mental illness, it is not a fraudulent marriage.
The article on the establishment of the fraudulent marriage was not judged, and it was a knowingly committed. ......Therefore, if the other party does not know that he has a mental illness in advance, it is not a fraudulent marriage. ......However, if the other party does not go for a marriage examination before getting married, he will not be able to discover his mental illness in time, and the other party is also at fault at this time, and he also needs to bear the corresponding responsibility.
2. The other party chooses to marry even though he knows that he has mental illness, which is an act of cheating marriage.
If the other party knows that he has a mental illness, but conceals the situation and marries him, such an act is a knowingly committed crime and is an act of cheating on marriage. ......At this time, the other party is obviously at fault and needs to bear the corresponding responsibility. ......As for how to hold the other party accountable, it needs to be implemented in accordance with laws and regulations.
3. If you find out that the other party has a mental illness, you can choose to divorce.
When you find out that the other party has a mental illness after getting married, you can choose to divorce. ......This is the right that you enjoy in accordance with laws and regulations, and you can certainly make choices and protect your rights in accordance with laws and regulations. ......Moreover, if it is discovered that the other party has a mental illness, the relationship between the two parties will be seriously affected, which itself has met the relevant regulations, and you can file for divorce on this ground.
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Mentally ill people can get married Mentally ill people are not absolutely unmarried. However, after the illness has recovered or stabilized for a period of time, and before marriage, you should make it clear to your spouse and obtain the understanding of the other party, so that you can better care for and take care of each other after marriage. In order not to affect the life of the husband and wife, and increase the psychological pressure and mental pain of both parties.
In addition, according to the genetic point of view, it is highly likely that the offspring of both psychopaths will develop genetic psychopaths. Therefore, the marriage of a mentally ill person should be treated with caution. Article 1137 02 of the Civil Code of the People's Republic of China A will made in the form of an audio or video recording shall be witnessed by two or more witnesses.
The testator and witnesses shall record the name or likeness of the pure old man, as well as the year, month, and day in the audio or video recording.
Civil Code of the People's Republic of China
Article 1045.
Relatives include spouses, blood relatives, and in-laws.
Spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren are close relatives.
Spouses, parents, children and other close relatives living together are family members.
Civil Code of the People's Republic of China
Article 1048.
Marriage is prohibited between lineal blood relatives or collateral blood relatives within three generations.
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According to Article 5 of China's "Marriage Law," "marriage must be completely voluntary between a man and a woman." This provision clarifies one of the substantive requirements that the parties to a marriage must have: both the man and the woman should have the ability to judge and express their intentions about the marriage.
This is actually a kind of two aspects of ability: one is that the parties can independently and correctly judge the legal nature of marriage and the legal significance of marriage registration; The second is to be able to correctly express the meaning of marrying the other party. Since the marriage registration authorities judge whether the parties are subjectively and completely voluntary, mentally ill persons who cannot correctly express their willingness to marry do not meet the substantive requirements stipulated in Article 5. Secondly, China's "General Principles of the Civil Law" stipulates that the subject of civil juristic acts must have the corresponding civil capacity, and the civil acts carried out by persons without civil capacity or those with limited civil capacity and cannot be carried out independently in accordance with the law are invalid.
Marriage is a civil act in which the parties establish civil rights and obligations, and both men and women must have sufficient capacity for civil conduct. Therefore, a severely mentally ill person who has completely lost the ability to recognize his own behavior cannot get married. As for the question of whether a mentally ill person who cannot fully recognize his or her own behavior can get married, from the perspective of respecting and protecting the rights and interests of a mentally ill person, if the parties can basically judge the legal significance of marriage and can correctly express their wishes, and their guardians also agree, they should be allowed to marry, but vice versa.
Article 4 of the Regulations on Marriage Registration When a Mainland resident marries, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to complete the marriage registration. Where a Chinese citizen marries a foreigner in Chinese mainland, or a mainland resident marries a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the marriage registration.
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China's marriage law stipulates that a person with mental illness can marry, but only after a doctor's examination to confirm whether he has the capacity to carry out the act of marriage. If the act of marriage cannot be carried out, then the chain and cannot be married. If the psychosis occurs after the marriage, it needs to be dealt with according to the legal process.
According to the Law of the People's Republic of China on Marriage and Inheritance, a person with mental illness may marry, but he or she needs to be evaluated by a doctor to determine whether he has the capacity to carry out marital acts. If the act of marriage cannot be performed, the marriage cannot be committed. This means that the patient can get married as long as he or she is determined by a doctor to be capable of marrying.
However, if the mental illness does not appear until after the marriage, it needs to be dealt with according to the legal process. Under normal circumstances, if one party suffers from mental illness, the other party can file a divorce application with the court, and the court will decide whether to support the divorce based on the facts and law. In addition, if one of the parties suffers from mental illness in divorce proceedings, it may affect the conduct of the proceedings.
Therefore, when the court accepts such a case, it may arrange for an evaluator to evaluate the patient according to the specific circumstances.
What happens if a mentally ill person is judged by a doctor to be capable of committing marital acts, but the other spouse does not agree to the marriage? If a mentally ill person is judged by a doctor to be capable of carrying out the act of marriage, but the other party does not agree to the marriage, the marriage cannot be compulsory. According to the Marriage Law of the People's Republic of China, the principle of voluntary marriage is the basis for the establishment of a marriage relationship.
If either party does not agree to the marriage, the marriage cannot be concluded.
The impact of mental illness on marital relations is clearly defined in our law. If the marriage was already in place before the mental illness, the marriage should be continued; If you are mentally ill and have no capacity for civil conduct, you may not be allowed to marry. If a mentally ill person still has civil capacity, he or she may marry, subject to the satisfaction of the appropriate legal procedures and authority.
In addition, since mental illness can lead to divorce, if there is a case of divorce due to mental illness, it should be carried out in accordance with the law.
Legal basis]:
Article 7 of the Marriage Law of the People's Republic of China: Those who suffer from mental illness and lack capacity for civil conduct must not marry.
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Psychopathy can get married. After the illness has recovered or stabilized for a period of time, and before marriage, you should make it clear to your spouse and obtain the understanding of the other party, so that you can better care for each other after marriage. In order not to affect the life of the husband and wife, and increase the psychological pressure and mental pain of both parties.
In addition, from a genetic point of view, it is highly likely that the offspring of both psychopaths will be genetically mentally ill. Therefore, the marriage of a mentally ill person should be treated with caution.
Civil Code of the People's Republic of China
Article 1053.
If one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage. A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known. Article 1051.
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.