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There are no procedures or legal provisions for "engagement". The law stipulates that a marriage is established after it is registered. Betrothal is not a procedure that is required by law, and the law does not prohibit the parties from having a voluntary engagement ceremony.
If, however, one party decides not to marry the other party after the engagement, the law does not compel the marriage, since the freedom of marriage is a fundamental principle of the law.
Article 2 The marriage system of freedom of marriage, monogamy, and equality between men and women shall be implemented
Article 8 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.
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Tell you clearly that there is no legal term for engagement, it is just a traditional folk practice and will not be supported by law.
Marriage is in accordance with the law and subject to registration with the Civil Affairs Bureau. There are laws that clearly stipulate it!
Basis: Article 8 of the Marriage Law Both men and women 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.
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There is no such thing in law, and betrothal is not legally efficient, but only a moral constraint.
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Without such a statement, this is just a folk practice and has no legal effect.
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In China, marriage registration is the legal basis, that is, registration is a legal husband and wife.
There is no such thing as an engagement.
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Legal Analysis: Betrothal is not legally valid. Betrothal is simply the practice of a man and a woman entering into a marriage contract before the formal formalities of marriage, which is a folk custom.
If one of the engaged men and women does not want to get married, they only need to notify the other party and do not need to ask for the other party's opinion. The notified party cannot restrict the other party for any reason and force the other party to marry him, otherwise, it is an illegal act.
According to Article 1046 of the Civil Code, marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other party, nor shall any organization or individual interfere with it.
Article 1049 stipulates that a man and a woman who wish to marry shall apply for marriage registration 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. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
Legal basis: Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.
Article 1049 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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Betrothal has no legal effect, and the current law in our country neither advocates nor prohibits marriage contracts. Betrothal is not a necessary procedure for marriage, and the establishment of a husband and wife relationship between a man and a woman is based solely on their registration with the marriage registration authority and the marriage certificate. A married man and a woman must register their marriage in person at the marriage registration office.
If the provisions of this Law are met, they shall be registered, a marriage certificate shall be issued, and a marriage certificate shall be obtained, that is, the relationship between husband and wife shall be established.
1. Conditions for applying for a marriage certificate.
1. Both men and women must marry voluntarily (independently).
2. Age of marriage: 22 years old for men. Female: 20 years of age or older.
3. Neither party has a spouse (unmarried, divorced, widowed).
4. There is no direct blood relationship between the two parties and collateral blood relatives within three generations (independent prompting).
2. The process of applying for a marriage certificate.
1. Both men and women who require marriage registration should jointly apply to the marriage registration authority of the area of permanent residence or the county-level civil affairs bureau (or town people**) with the required documents.
2. Both parties shall apply in person to the marriage registration authority, and each shall fill in a "Declaration of Application for Marriage Registration".
3. Both parties must sign or fingerprint in person in the "Declaration of Application for Marriage Registration" in front of the marriage registrar.
4. The marriage registration authority shall examine the documents and declarations submitted by both parties, and if the conditions for marriage registration are met, the registration shall be approved.
Legal basis: Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.
Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
Article 1049:A man and a woman who wish to marry shall apply for marriage registration at the marriage registration office in person. 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.
Article 1050:After marriage is registered, the woman may become a member of the man's family in accordance with the agreement between the man and the woman, and the man may become a member of the woman's family.
Article 1051 Marriage shall be 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.
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Betrothed and early marriage have no legal effect. Because the engagement sail contains oak, it is not subject to legal adjustment. This means that the engagement belongs to the free state of both parties, and if one party does not want to get married after the engagement, he can withdraw from the marriage at any time, and the divorce does not bear any legal responsibility, and the other party cannot require the party who withdraws from the marriage to take responsibility, and the marriage must be voluntary.
According to Article 1049 of the Civil Code, a man and a woman who wish to marry shall apply for marriage registration 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. 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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An engagement is not legally binding. According to our folk customs, sometimes before marriage, the man and the woman will also enter into a marriage contract, which is commonly known as engagement, but this behavior is not legally binding on the parties to the marriage. Only those who handle marriage registration can have the efficiency of legal emptiness.
Legal basis] Article 1049 of the Civil Code, 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. Fighter of Knowledge.
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