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Inmates can get married. Prisoners are deprived of their personal liberty, but they are not deprived of their freedom to marry, and therefore they can get married. The issues that need to be paid attention to when a prisoner marries are that he or she cannot have a kinship relationship with his or her spouse that prohibits marriage, cannot marry another person when he has a spouse, and cannot marry under the legal age.
Article 1051 of the Civil Code of the People's Republic of China 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. Article 1054 of the Civil Code of the People's Republic of China: An invalid or annulled marriage has no legally binding force 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.
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Legal Analysis: You can get married while serving your sentence. Generally speaking, both parties to the marriage registration can go to the local civil affairs bureau with the materials and documents.
However, the service personnel are unable to attend in person, so prison service personnel who have lost their personal freedom must first submit relevant materials and applications to the prison Huaibu management department, and if the prison management department agrees, the prison management department will arrange for the prison management department to go to the civil affairs department to go through the relevant formalities accompanied by the relevant people's police. Of course, if the prison administration does not meet the relevant conditions, the application will be rejected and refused.
Legal basis: Article 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 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.
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Legal Analysis: It is possible to get married while serving a prison sentence. Marriage must be entered into of the complete free will of both men and women, and neither party shall be allowed to coerce the other or any third party to interfere with it.
Legal basis: Article 1046 of the Civil Code of the People's Republic of China Changyuan Marriage should be completely voluntary between the man and the woman, and it is forbidden for either party to force the other party to interfere, and it is forbidden for any organization or individual to interfere.
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