Explanation of the Marriage Law, the contents of the Marriage Law

Based on the legislative spirit of the Marriage Law and relevant legal knowledge, combined with the specific practice of judicial and legal application, and in accordance with the structure and system of the Marriage Law, covering a series of major contents stipulated in the law, the parties and specific circumstances in the case are processed, refined, condensed and the necessary technical treatment, and then some questions are raised to explain the relevant knowledge of the Marriage Law in a targeted manner.

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The content of the Marriage Law of the People's Republic of China is mainly concerned with the adjustment of marital relations, and at the same time involves various important issues in family relations. The Marriage Law of the People's Republic of China, promulgated and implemented on May 1, 1950, was the first law promulgated by the People's Republic of China. On September 10, 1980, the Third Session of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China. It came into force on January 1, 1981, and the original Marriage Law was repealed on the date of implementation of the new law.

Marriage Law Content.

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The content of the Marriage Law of the People's Republic of China is mainly to regulate marital relations, and at the same time involves the verification of various important issues in family relations. The Marriage Law of the People's Republic of China, promulgated and implemented on May 1, 1950, was the first law promulgated by the People's Republic of China. On September 10, 1980, the third meeting of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China. It came into force on January 1, 1981, and the original Marriage Law was repealed on the date of implementation of the new law.

The "Decision of the Standing Committee of the National People's Congress on Amending the Marriage Law of the People's Republic of China with Leaks" was adopted by the 21st Session of the Standing Committee of the Ninth National People's Congress of the People's Republic of China on April 28, 2001. On May 28, 2020, the Third Session of the 13th National People's Congress voted to adopt the Civil Code of the People's Republic of China, which will come into force on January 1, 2021. The Marriage Law of the People's Republic of China shall be repealed at the same time.

The full text of the latest Marriage Law includes six chapters and 51 articles, including General Provisions, Marriage, Family Relations, Divorce, Relief Measures and Legal Liability, and Supplementary Provisions.

The full text of the Marriage Law of the People's Republic of China is divided into 6 chapters, including General Provisions, Marriage, Family Relations, Divorce, Relief Measures and Legal Liability, and Supplementary Provisions, with a total of 51 articles.

On September 10, 1980, the Third Session of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China, which came into force on January 1, 1981. The Marriage Law of the People's Republic of China, promulgated on May 1, 1950, shall be repealed as of the effective date of this Law. Amended at the 21st Session of the Standing Committee of the Ninth National People's Congress on April 28, 2001.

On May 28, 2020, the Third Session of the 13th National People's Congress voted to adopt the Civil Code of the People's Republic of China, which will come into force on January 1, 2021. The Marriage Law of the People's Republic of China shall be repealed at the same time.

There are many contents of the marriage law, and marriage can be registered if you meet the legal age of marriage, and the division of property is also divided into property under the name and property before and after marriage.

Article 5 of the Marriage Law states that marriage is voluntary.

Marriage must be entered into free and complete free will without coercion by either party or interference by any third party.

Article 6: The legal age of marriage.

The age of marriage shall not be earlier than 22 years for men and 20 years old for women. Late marriage and childbearing should be encouraged.

Article 7 prohibits marriage.

Marriage is prohibited under 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: Registration of marriages.

A man and a woman who wish to marry 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.

The content of the Marriage Law includes the full text of the Marriage Law, Interpretation 1, Interpretation 2, and Interpretation 3.

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The Marriage Law is the sum total of the legal norms that regulate the marriage relations of a certain society, and is the concentrated legal expression of the marriage system of a certain society. Its contents mainly include the establishment and dissolution of marriage, the validity of marriage, especially the rights and obligations between husband and wife. From the perspective of the nature of the object of adjustment, the marriage law includes both the personal relationship arising from marriage and the property relationship between husband and wife arising therefrom.

On August 12, 2011, the Supreme People's Court issued the latest judicial interpretation of the Marriage Law, which has attracted widespread attention.

For example, the Marriage Law of the People's Republic of China in 1950 and 1980 contains provisions on marriage, marital relations and divorce, as well as provisions on the rights and obligations of parents, children and other family members. Its content is narrower than that of the family law, but the law of marriage in the narrower sense is wider, and it is actually the law of marriage and family. The narrow sense of the Marriage Law is limited to the marriage relationship, and its name is also used in the strict sense.

On August 12, 2011, the Supreme People's Court held a press conference to announce the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, which came into force on August 13, 2011.

1) For the first time, it is expressly stated that an administrative reconsideration or administrative lawsuit shall be filed for the revocation of a marriage registration on the grounds that there are flaws in the marriage registration procedure.

2) Clearly stipulate that the refusal of one party to the appraisal in a paternity litigation will lead to the legal consequences of the court presumption that the other party's claim is established.

3) For the first time, it is clarified that the fruits and natural appreciation of the personal property of one of the spouses after marriage are not joint property.

4) It is clarified that after marriage, one of the parents shall contribute funds to purchase immovable property for their children, and the property rights shall be registered in the name of their children, it shall be recognized as the personal property of one of the husband and wife.

5) For the first time, it is clarified that the immovable property purchased by one party with a prenuptial loan in a divorce case shall be owned by the party with property rights registration.

6) It is clearly stipulated that if the parties fail to divorce by agreement, the property division agreement with the conditions for divorce by agreement reached in advance shall not take effect.

Please refer to the Marriage Law of the People's Republic of China, Judicial Interpretation 1, Interpretation 2 and Interpretation 3 of the Marriage Law

There are more laws in marriage, and the main thing is there!