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Collateral blood relatives refer to relatives who are not direct blood relatives but are related to them by blood. The so-called collateral blood relatives within three generations refer to relatives who trace themselves back to the same blood source, and then count down three generations. For example, you are collateral blood relatives with your siblings and your aunts and uncles.
Collateral blood relatives within three generations refer to collateral blood relatives who are from the same ancestral (maternal grandparent) parents. According to the calculation method of China's marriage law, collateral blood relatives within three generations refer to: uncle, uncle, aunt, nephew, niece, cousin, aunt, cousin, cousin, etc.
China's marriage law prohibits intermarriage between lineal blood relatives and collateral blood relatives within three generations.
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The rank of collateral blood relatives is a measure of blood proximity, relative to the direct line, for example, you and your father or grandfather, or your son and you, your father, and your grandfather are direct blood relatives. Your son and you are the direct blood relatives of the first generation, and your father is the direct blood relatives of the second generation, and so on. Collateral consanguinity refers to having a blood relationship, but not a direct line, for example, you and your uncle are collateral consanguinity, and the algebraic calculation of collateral consanguinity is like this, find your common ancestor, and then calculate the generation of your common ancestor separately, whichever has more generations, that is, algebra.
For example, you and your aunt's daughter are three generations. Collateral blood relatives are not allowed to marry within 3 generations.
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The sum of the two sides to the common direct blood relatives is four generations.
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The analysis is as follows:
Except for your parents, grandparents, maternal grandparents. Children, grandchildren, grandchildren.
The rest are collateral, even your own brothers and sisters.
1. Brothers and sisters are from the same parents as themselves, they are the first generation, and their parents are the second generation, so the brothers and sisters are collateral blood within the second generation.
2. Uncles, aunts, cousins and cousins are from the same grandparents, they are the first generation, their fathers and uncles and aunts are the second generation, and their grandparents are the third generation, and these relatives are all from the third generation, so they are collateral blood relatives within three generations between themselves and their uncles, aunts, and cousins.
3. Uncles, aunts, cousins and sisters are from the same maternal grandparents, they are the first generation, their mothers and uncles and aunts are the second generation, and their maternal grandparents are the third generation, and these relatives are all from the third generation, so they are also collateral blood relatives within three generations between themselves and their uncles, aunts, and cousins.
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Legal analysis: three generations of collateral relatives include: sisters and brothers who are from their mothers and fathers; Collateral relatives of the same grandparents and maternal grandparents; Including uncles, uncles, aunts and nephews and nieces, uncles, aunts and nephews and nieces; Collateral relatives of the same generation who are from their grandparents and maternal grandparents, including cousins and cousins.
Legal basis: Article 1048 of the Civil Code of the People's Republic of China (CPC) Article 1048 Marriage is prohibited for direct blood relatives or collateral blood relatives within three generations.
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Direct blood relative. and collateral blood relatives within three generations.
The meaning is as follows:
1.A direct blood relative is one who is directly related to you.
of people. More specifically, it refers to your parents, grandparents (maternal grandparents), great-grandparents.
Parents (great-grandparents)...And your children, grandchildren (grandchildren), great-grandchildren (great-grandchildren)...And these are called lineal blood relatives. This "straight".
2.As for collateral blood relatives, all relatives other than direct blood relatives are collateral blood relatives, including siblings of compatriots (many people will be mistaken about this).
3.to infer that two people are collateral blood relatives within a few generations (note that this is not "collateral blood generation"). Strictly speaking, collateral blood relatives can only be expressed by "a virtual generation of collateral blood relatives", and cannot be expressed by "a generation of collateral blood relatives" (which will be explained below), and the reputation must first find the common blood relatives of two people**, that is, the ancestors of blood relatives, with the ancestors of blood relatives as the first generation (
4.If there is a disagreement between two people, then the collateral blood relationship of the two people should be based on the younger generation.
5.Who is the collateral blood relative within three generations to talk about? Take you as an example.
If you have all the relatives, such as siblings, uncles, aunts, uncles, menstruation, then the people with whom you are related by collateral blood within 3 generations are: your siblings (since you are collateral blood relatives within 2 generations, it naturally includes collateral blood relatives within 3 generations) and your uncle.
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Except for collateral blood relatives within three generations, other collateral relatives can be divided into the following categories:
1.For example, adoptive parents and adoptive children, stepparents and stepchildren, although not related to each other, are still collateral relatives in law.
2.Collateral in-law relationship: such as nephews, nieces, nephews, nieces, brothers-in-law, brothers-in-law, sisters, sisters, etc., although these relatives are not direct relatives, but they have an in-law relationship with themselves, and they also belong to collateral relatives.
3.Collateral colleagues, classmates, and neighbors: For example, colleagues, classmates, neighbors, etc., although they are not related to each other by blood, can also be regarded as collateral relatives because they have been together for a long time.
4.Other social relationships: such as friends, colleagues, classmates, etc., although these relationships do not belong to the relationship of blood and sensitivity, but because of the close relationship between each other, they can also be regarded as collateral relatives.
In short, collateral kinship is a relatively broad concept, and in addition to immediate relatives, other relatives who have relatives, legal, and social relationships with themselves can be regarded as collateral relatives.
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Collateral blood relatives within three generations.
Including: (1) Brothers and sisters (including half-brothers and sisters) who originate from their parents in the same block. (2) Cousins and cousins of the same grandparents.
3) Uncles, uncles, aunts, nephews and nephews of different generations. In addition to this, the collateral blood relatives all belong to the third generation of lead Hengzao.
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The Civil Code stipulates that "direct blood relatives or collateral blood relatives within three generations are prohibited from marrying violently." "So, who are collateral blood relatives within three generations? ** A simple way to judge pants is introduced.
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Legal analysis: 1. Immediate blood relatives are relatives who have a direct relationship with Changwang, that is, the relatives of the upper and lower generations who give birth to themselves and the relatives they give birth to. Both the father and the mother are included. Examples include parents and children, grandparents and grandchildren, maternal grandparents and grandchildren, etc.
2. Collateral blood relatives are relatives with indirect blood relations, that is, relatives who are not direct blood relatives but are of the same origin as themselves in blood.
3. Collateral blood relatives within three generations are relatives who are related to themselves within three generations. The three generations here are, counted as one generation from the beginning of themselves. The details are as follows:
1) Brothers and sisters are from the same parents, they are the first generation, and their parents are the second generation, so the brothers and sisters are collateral blood relatives within the second generation;
2) Uncles, aunts, cousins and cousins are from the same grandparents, they are the first generation, their fathers and uncles and aunts are the second generation, and their grandparents are the third generation, and these relatives are all from the third generation, so they are collateral blood relatives within three generations between themselves and their uncles, aunts, and cousins;
3. Uncles, aunts, cousins and sisters are from the same maternal grandparents, they are the first generation, their mothers and uncles and aunts are the second generation, and their maternal grandparents are the third generation, and these relatives are all from the third generation, so they are also collateral blood relatives within three generations between themselves and their uncles, aunts, and cousins.
Legal basis: Civil Code of the People's Republic of China
Article 1123: After the commencement of inheritance, it shall be handled in accordance with the statutory succession; If there is a will, it shall be handled in accordance with the testamentary inheritance or bequest; Feng Xunna, who has a bequest and maintenance agreement, shall handle it in accordance with the agreement.
Article 1127 Inheritance shall be inherited in the following order:
1) First order: spouse, children, parents;
2) Second order: siblings, grandparents, maternal grandparents.
After the inheritance begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.
The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.
Derivative question: What are the conditions for marriage?
1. Marriage must be of complete voluntary will between the man and the woman, and one party shall not be allowed to coerce the other or any third party to interfere with it.
2. The age of marriage shall not be earlier than 22 years old for men and 20 years old for women.
3. Conform to the basic principles of monogamy.
4. Not a direct blood relative or a collateral blood relative within three generations.
5. Do not suffer from a disease that is medically considered unsuitable for marriage.
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Legal analysis: Brothers and sisters are from the same parents, they are the first generation, and their parents are the second generation, so the brothers and sisters are collateral blood within the second generation.
Legal basis: Article 1045 of the Civil Code of the People's Republic of China Relatives include spouses, blood relatives and in-laws. Spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren are implicitly close relatives.
Spouses, parents, children and other close relatives living together are members of the family kichai.
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Direct defeat and lineage of three generations and two generations of collateral are concepts relative to direct blood relatives, which refer to relatives who are related to oneself within three generations in blood. Moreover, collateral blood relatives are relatives with indirect blood relations, that is, relatives who are not direct blood relatives but are of the same origin as themselves in blood.
The direct blood relatives are relatives who have a direct blood relationship, that is, the relatives of the upper and lower generations who give birth to themselves and the relatives who give birth to themselves. And collateral blood relatives within three generations are relatives who are related to themselves by blood within three generations. The three generations here are counted as one generation from the beginning of oneself.
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