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Article 13: Husbands and wives have equal status in the family.
Article 14: Both husband and wife have the right to use their own names.
Article 15: Both husband and wife have the freedom to participate in production, work, study, and social activities, and one party must not restrict or interfere with the other.
Article 16 Both husband and wife have the obligation to practice family planning.
Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.
Article 20: Husbands and wives have the obligation to support each other.
If one party fails to fulfill the maintenance obligation, the party in need of maintenance has the right to demand that the other party pay maintenance. Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.
If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents. Fee rights.
Infant drowning, infant abandonment and other acts of infant mutilation are prohibited.
Article 22: Children may take their father's surname or their mother's surname.
Article 23: Parents have the right and duty to protect and educate their minor children. Parents are obliged to bear civil liability when their minor children cause damage to the state, the collective, or others.
Article 24 Husband and wife have the right to inherit each other's inheritance.
Parents and children have the right to inherit from each other.
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1) Both husband and wife have the right to use their own names; (2) Both husband and wife have the freedom to produce, work, study and social activities, and neither party may restrict or interfere with the other; (3) Both husband and wife have the obligation to practice family planning.
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Articles 1055 to 1061 of the Civil Code stipulate that husband and wife have equal status in the family and enjoy equal personal rights.
2) Both husband and wife have the freedom to participate in production, work, study and social activities;
3) Husband and wife have equal rights to dispose of jointly owned property;
4) Husband and wife have the right to inherit each other's inheritance.
5) Both husband and wife have equal rights to raise, educate and protect their minor children.
The obligations include: (1) both husband and wife have a joint obligation to uphold, educate and protect their minor children, and (2) the husband and wife have the obligation to support each other.
b. Maridal property relations.
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Rights between husband and wife: 1. Husband and wife enjoy equal ownership and equal right to dispose of the joint family property; 2. Husband and wife have the right to inherit each other's inheritance; 3. Both husband and wife have the right to use their own names; 4. Husband and wife have the obligation to support each other. The party in need of maintenance has the right to demand maintenance from the other party if the other party fails to perform the maintenance obligation.
Article 1056 of the Civil Code of the People's Republic of China Both husband and wife have the right to use their own names. Article 1057 of the Civil Code of the People's Republic of China: Both husband and wife have the freedom to participate in production, work, study, and social activities, and one party must not restrict or interfere with the other party's letter. Article 1059 of the Civil Code of the People's Republic of China: Husbands and wives have the obligation to support each other.
The party in need of maintenance has the right to demand maintenance from the other party if the other party fails to perform the maintenance obligation. Article 1061 of the Civil Code of the People's Republic of China Husband and wife have the right to inherit each other's inheritance.
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Husbands and wives have equal rights and duties over joint property and equal ownership of joint property. The joint property of the husband and wife is considered to be jointly owned and lost. Husband and wife have equal rights and obligations over their share of all joint property, as well as equal rights to possess, use, benefit and dispose of.
Among them, the right of disposition is one of the important powers of ownership, which is directly related to the vital property interests of the parties.
Article 1062 of the Civil Code clearly stipulates that "husband and wife have equal rights to dispose of jointly owned property. The specifics include:
1) Husband and wife have equal rights to dispose of joint property. Either party has the right to decide on the disposition of the joint property of the husband and wife for the needs of daily life.
2) If the husband and wife make important decisions on the disposition of the joint property not due to the needs of daily life, the husband and wife shall negotiate on an equal footing and reach a consensus. Where one of the husband and wife makes a major sanction decision without the consent of the other party, the other spouse has the right to deny the legal effect of the sanction. However, if the third party has reason to believe that the disposition is an expression of the common intention of the husband and wife, the other party shall not oppose the bona fide third party on the grounds of disagreement or ignorance.
Husbands and wives also have certain obligations with respect to joint property. The expenses of family life are paid by the joint property or, in the event of a deficiency, by the personal property of one of the spouses or the wife. Debts incurred by the husband and wife for living together or for the purpose of fulfilling the maintenance obligation shall be paid off by the joint property; If it is insufficient, the personal property shall be jointly and severally liable.
1. How to solve the unauthorized transfer of joint property of husband and wife.
1. Measures to deal with the unauthorized transfer of the joint property of the husband and wife:
1) During the existence of the marital relationship, if one party transfers the joint property of the husband and wife without authorization, the other party may request the people's court to divide the joint property of the husband and wife.
2) At the time of divorce, if one of the parties transfers the joint property of the husband and wife without authorization, the joint property of the husband and wife may be divided without or less.
3) After the divorce, if it is found that one party has transferred the joint property of the husband and wife without authorization before the divorce, he may request the court to divide the joint property of the husband and wife again.
2. If you have not yet filed a lawsuit or have filed for divorce, and it is found that the other party has already transferred property, you can apply to the court for property preservation. Specifically:
1) If the situation is urgent, the party who has not transferred the property may apply to the court for property preservation before filing a lawsuit, and if the court rules to adopt property preservation measures after accepting the application for property preservation before litigation, it shall be enforced immediately. At this time, it is important not to file a lawsuit within 15 days after the preservation measures are taken, otherwise the court will lift the property preservation.
2) If the secured property is required to be filed for pre-litigation preservation, and if the security is not provided, the court will reject the application for property preservation, which will also create an opportunity and opportunity for the other party to transfer the property.
3) There must be evidence to prove that the other party has transferred the property of the divorce, otherwise the application for property preservation is inaccurate, and the applicant shall compensate the respondent for the losses suffered by the property preservation.
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Husbands and wives have equal rights to dispose of joint property. Where it is necessary to dispose of the joint property of the husband and wife due to daily life, one party may make a decision on its own without the consent of the other party. If an important decision is made on the disposition of the joint property not due to the needs of daily life, it is necessary to obtain the consensus of the husband and wife, and one party shall not dispose of the joint property of the husband and wife without authorization;
If one party disposes of it without authorization, the other party may apply for a determination that the disposition is invalid, but if the third party has reason to believe that the disposition is an expression of the common intention of both husband and wife, the other party may not oppose the bona fide third party on the grounds of disagreement or ignorance.
1. How much is the real estate transfer agency fee?
If the vehicle in the name of one of the spouses in the joint property cannot be sold without permission, and the joint property is disposed of without the consent of the other party, the other party has the right to request that the disposition be declared invalid. Both husband and wife have equal rights to possess, use, benefit from and dispose of joint property. Where one of the husband and wife is careful to dispose of joint property, but the other party clearly knows his or her conduct but does not deny it, it shall be deemed to have consented, and the legal effect of the disposition must not be denied afterwards on the grounds that he or she did not participate in the disposition.
If one of the husband and wife disposes of the joint property without the consent of the other party, the other party has the right to request that the disposition be declared invalid, but it shall not be used against a bona fide third party, that is, if the third party does not know and has no way of knowing that the act of one of the spouses is an unauthorized disposition, the disposition is valid. Where one party causes losses to his or her spouse as a result of his or her unauthorized disposition, compensation shall be made. Debts incurred by one party as a result of unauthorized disposition shall be paid off by that party with personal property.
2. Can one of the spouses sell the house?
If the house is the personal property of one party, the husband and wife can sell the house unilaterally, and if it is the joint property of the husband and wife, one party cannot sell the house without authorization, and the house can only be sold with the consent of the other party. Where a husband or wife makes an important decision on the disposition of the husband and wife's joint late property unless it is necessary for daily life, the husband and wife shall negotiate on an equal footing and reach a consensus.
Article 1062 of the Civil Code stipulates that the following property acquired by husband and wife during the existence of the marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
China's "Marriage Law" clearly stipulates that husband and wife have the obligation to support each other, maintenance refers to the legal responsibility of husband and wife to support and support each other in life, and the obligation of support is reflected in all aspects of life, such as the husband and wife jointly bear the daily living expenses, when one party is seriously ill, the other party needs to do their best to take care of it.
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