When will the third judicial interpretation of the Marriage Law be implemented?

It has not been passed, and it will be implemented after it has passed.

Legal analysis

Void. Where a down payment is made with personal property and a bank loan, and the loan is repaid with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered. Where marriage is entered into under duress, the coerced party may request the marriage registration authority or the people's court to revoke the marriage.

A petition for annulment of a marriage by a party under duress shall be submitted within one year from the date of registration of the marriage. Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored. A null and void marriage that is void or annulled is void ab initio.

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 the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party. The disposition of property that does not have the effect of a marriage caused by bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.

For children born to the parties, the provisions of this Law on parents and children shall apply.

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 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.

Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

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.

According to the provisions of the Marriage Law of the People's Republic of China, judicial interpretations refer to interpretive documents on relevant issues in the application of law. Judicial Interpretation 3 refers to the Supreme People's Court's Interpretation (III) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China. The judicial interpretation came into effect on December 21, 2011 and was amended on April 13, 2017.

Although Judicial Interpretation III has been superseded by the Civil Code of the People's Republic of China on 1 January 2019, before its implementation, Judicial Interpretation 3 still has legal effect, and the provisions in it can be used as a reference during the implementation process.

It should be noted that the provisions of judicial interpretations do not have legislative effect, but only interpret and supplement legal provisions. If you need to consult on specific issues in Judicial Interpretation III, please consult the relevant legal institutions or professional lawyers.