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Invalid marriage refers to a marriage relationship established by both parties to a marriage relationship in violation of the relevant provisions of the Marriage Law and without performing the statutory marriage registration procedures. Article 10 of the Marriage Law of the People's Republic of China: A marriage is invalid under any of the following circumstances:
1) bigamy; (2) There is a family relationship that prohibits marriage; (3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage; (4) They have not reached the legal age for marriage. In practice, failure to register with the relevant authorities in accordance with the Marriage Law of the People's Republic of China is also regarded as an invalid marriage. The parties to the marriage relationship who illegally establish an invalid marriage shall unconditionally dissolve the marriage relationship and bear the corresponding civil liability, and shall bear criminal responsibility if they violate the criminal law.
Invalid marriages are void ab initio, the parties do not have the rights and obligations between husband and wife, and the property acquired during the period of cohabitation shall be disposed of by the parties through consultation, and if the negotiation fails, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. An application for annulment of marriage may be made during the existence of the invalid marriage or within one year after the death of one or both parties to the marriage. Legal basis:
Article 10 of the Marriage Law of the People's Republic of China shall invalidate a marriage under any of the following circumstances: (1) bigamy; (2) There is a family relationship that prohibits marriage; (3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage; (4) They have not reached the legal age for marriage.
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1. The main reasons for invalid marriage include: bigamy, relatives who are prohibited from marrying, suffering from diseases that are medically considered unsuitable for marriage before marriage, not yet ** after marriage, and not reaching the legal age of marriage.
2. Legal consequences and basis: Marriage Law of the People's Republic of China
Article 10: [Annulment of Marriage]In any of the following circumstances, a marriage is invalid:
1) bigamy;
(2) There is a family relationship that prohibits marriage;
(3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage;
(4) They have not reached the legal age for marriage.
Article 10: [Annulment of Marriage]In any of the following circumstances, a marriage is invalid:
1) bigamy;
(2) There is a family relationship that prohibits marriage;
(3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage;
(4) They have not reached the legal age for marriage.
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Article 1051 of the Civil Code stipulates that 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.
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Legal Analysis: There are several reasons for invalid marriages:
1. Bigamy;
2. There is a family relationship that prohibits marriage;
3. Suffering from a disease that is medically considered unsuitable for marriage before marriage, and has not been cleared after marriage;
4. Those who have not reached the legal age for marriage.
Legal basis: Article 1051 of the Civil Code of the People's Republic of China In any of the following circumstances, the marriage shall be invalid: pretending to be a brother (1) bigamy; (2) Have a family relationship that prohibits marriage; (3) They have not reached the legal age for marriage.
Where parties apply to the people's court for a declaration of annulment of marriage, and at the time of the application, the legally prescribed circumstances for invalid marriage have already disappeared, the people's court will not support it.
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Civil Code of the People's Republic of China.
Article 1051 Marriage shall be null and void under any of the following circumstances:
a) bigamy; 2) Refers to the fact that lead has a kinship that prohibits marriage;
Sanwei Chong is good) has not reached the legal age of marriage.
Interpretation (1) of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China
Article 9: Entities that have the right to request confirmation of the invalidity of a marriage in accordance with Article 1051 of the Civil Code to the people's courts, including the parties to the marriage and interested parties, are requested to the people's courts for a marriage that has been registered. Among them, the stakeholders include:
1) On the grounds of bigamy, it is the close relatives of the parties and basic level organizations;
2) Where the reason is that they have not reached the legally-prescribed age for marriage, they are close relatives of those who have not reached the legally-prescribed age for marriage;
3) Where there is a family relationship that prohibits marriage, it is a close relative of the parties.
Article 14: Where, after one or both husband and wife have died, the surviving party or interested parties request confirmation of the invalidity of the marriage in accordance with the provisions of article 1051 of the Civil Code, the people's court shall accept it.
Article 15: Where interested parties request that a people's court confirm the invalidity of a marriage on the basis of article 1051 of the Civil Code, the interested party is the plaintiff, and both parties to the marriage relationship are the defendants.
In the case of the death of one of the spouses, the surviving spouse is the defendant.
Article 16: When people's courts hear cases of invalid marriages resulting from bigamy, where the disposition of property is involved, they shall allow the parties to the lawful marriage to participate in the litigation as third parties with the right to make independent claims.
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If a marriage is invalid as stipulated in the Marriage Law, it is a legal marriage. Marriage must be entered into of the complete free will of both men and women, and no one of the parties to the marriage shall be allowed to coerce the other or any third party to interfere with it.
Therefore, it is naturally best to have the support of parents in marriage, but if the husband and wife are sincere in their love for each other, even if the parents do not support it, it is still a good relationship.
There is a lover who eventually becomes a family and travels to Wang Kong.
Men have a share, women have a home, rather than tear down ten temples, not destroy a marriage, I hope that there are lovers in the world who will eventually become dependents and have a good fate.
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Legal analysis: 1. Bigamy, the act of a spouse who closes his mouth and marries another person. 2. There is a family relationship that prohibits marriage, and the marriage relationship established between direct blood relatives or collateral blood relatives within three generations is invalid, 3. Before reaching the legal age of marriage, the age of marriage shall not be earlier than 22 years old for men and 20 years old for women", the legal age of marriage in China is 22 years old for men and 20 years old for women.
An invalid marriage is not legally binding 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.
Legal basis: Civil Code of the People's Republic of China
Article 1051:Marriage is null and void in 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 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations. State shouting.
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bigamy, close relatives who are prohibited from marrying, and those who have not reached the appropriate age.
Bigamy refers to the dissolution of the previous marriage without only liquidation, and the marriage registration with another person is broken.
Where there is a family relationship that prohibits marriage: China's law prohibits marriage between blood relatives within three generations, including the third generation.
Under the legal age of marriage: The Civil Code stipulates that the age of marriage shall not be earlier than 22 years old for men and 20 years old for women. A marriage that marries before the legal age of marriage is null and void.
If you have some serious illnesses or the above factors, you should inform the other party before the marriage registration, otherwise the other party can also file for divorce after registration.
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The current Civil Code stipulates that the circumstances under which a marriage is invalid include:
1. One or both parties have not reached the legal age of marriage;
2. The two parties are direct blood relatives or collateral blood relatives within three generations;
3. One or both parties have bigamy;
4. Other circumstances in which the marriage is invalid.
Legal basis:Article 1051 of the Civil Code of the People's Republic of China.
In any of the following circumstances, the marriage has no auspicious effect:
a) bigamy; 2) Shen Huai has a kinship that prohibits marriage;
(3) They have not reached the legal age for marriage.
Article 17 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.
Where a party requests confirmation of the invalidity of a marriage under circumstances other than the three invalid marriages provided for in article 1051 of the Civil Code, the people's court shall make a judgment rejecting the parties' litigation claims.
Where a party initiates a civil lawsuit on the grounds that there are flaws in the marriage registration procedure, and the host revokes the marriage registration, he or she is informed that he may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.
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Legal Analysis: Invalid marriage refers to a marriage concluded by both parties without meeting the legal conditions for marriage or without performing the legal marriage procedures, and does not produce the legal effect of a legal marriage. As a pre-legal system, the nullity of marriage is specially used to solve the problem of illegal marriage.
In any of the following circumstances, the marriage shall be invalid: 1. Bigamy; 2. Those who have not reached the legal age of repentance and imitation marriage; 3. Those who have a prohibitive marriage relationship with close relatives are married.
Legal basis: Article 1051 of the Civil Code of the People's Republic of China In any of the following circumstances, a marriage is invalid:
a) bigamy; (2) Have a family relationship that prohibits marriage;
(3) They have not reached the legal age for marriage.
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