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In-laws are not related by blood, and refer to relatives mediated by marriage, that is, the kinship relationship between one spouse and the blood relatives of the other party, and after marriage between a man and a woman, a marriage relationship is formed between each other and each other's blood relatives.
Collateral blood relatives are related by blood, not biological, and have no direct relationship, but are relatives of a bloodline and a common ancestor.
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In-law. In-law refers to the kinship that arises through marriage, that is, the kinship relationship between one spouse and the blood relatives of the other spouse. After a man and a woman get married, they form a relationship of marriage with each other's blood relatives, including the spouse of the blood relative, the blood relative of the spouse, and the spouse of the blood relative of the spouse.
The spouse of a blood relative refers to the spouse of a blood relative, such as a daughter-in-law, son-in-law, etc.; The blood relatives of the spouse refer to the blood relatives of the spouse, such as parents-in-law, parents-in-law, etc.; The spouse of the blood relatives of the spouse refers to the relationship between the body and the spouse of the blood relatives of the spouse of the spouse, such as concubines, brothers-in-law, husband's aunt, etc.
Blood relatives are relatives who are related by blood. Blood relatives are further divided into two types: direct blood relatives and collateral blood relatives. Immediate blood relatives refer to relatives who are directly related, and the biological parents and grandparents (maternal grandparents) from the self up are all direct blood relatives of the elders.
The biological children, grandchildren, and grandchildren from the bottom of oneself are all direct blood relatives of the younger generation, and they are relatives of the same blood relationship as themselves. Brothers and sisters, uncles, uncles, aunts, nephews, nephews, etc., these peers, elders, and juniors are all collateral blood relatives.
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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. For example:
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 and aunts are from the same maternal grandparents, they are the first generation of the Qing Dynasty, 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: 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. A collateral blood relative within three generations is a relative who is related to oneself by blood within three generations.
The three generations here are, counted as one generation from the beginning of themselves.
Legal basis: Article 1048 of the Civil Code of the People's Republic of China Article 1048 Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations. Collateral blood relatives are relative to direct blood relatives, which refers to relatives who are indirectly related to themselves, that is, blood relatives who are of the same origin as themselves in addition to direct blood relatives.
Brothers and sisters, uncles, uncles, aunts, nephews, nephews, etc., such as peers, elders, and juniors, are all included.
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Direct blood relatives : Son: The first offspring of a male between a brother and a wife.
Daughter: The first offspring of a woman in a couple. Sun:
The second generation of husband and wife is divided into grandchildren and granddaughters according to gender. Great-grandson: the third child of the couple.
Great-great-grandson: The fourth offspring of the husband and wife.
Collateral blood relative: Uncle: Father's brother.
Uncle: Father's younger brother. Auntie:
Uncle's wife. Gu: The father's sister, also known as aunt and aunt.
Brother-in-law: Aunt's husband. Stupid Raider:
Mother's brother. Aunt: Uncle's wife.
Aunt: Mother's sister. Uncle:
Aunt's husband. In-laws: Husband: The name given by a married woman to her partner. Daughter-in-law: The name given to a married man to his partner. Father-in-law: The husband's father. Mother-in-law.
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The law on lineal and collateral consanguinity stipulates that marriage is prohibited for lineal consanguinity and collateral consanguinity within three generations. The parties to the marriage must be voluntary, and both parties must jointly register the marriage at the marriage registration authority in the place where one of the parties has a permanent residence.
Article 1048 of the Civil Code.
Marriage is prohibited between lineal blood relatives or collateral blood relatives within three generations. Sidelines.
Article 1049.
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 are to be registered and issued a marriage inspection certificate. The marriage relationship is established after the marriage is registered. Where the marriage has not been registered, the registration shall be supplemented.
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1. Some legal provisions for lineal and collateral blood relatives.
1. Some legal provisions for lineal and collateral blood relatives are as follows:
1) Marriage is prohibited for direct blood relatives and collateral blood relatives within three generations;
2) Lineal blood relatives refer to all lineal blood relatives, and there is no restriction on generations, and they are not allowed to marry.
2. Legal basis: Article 1048 of the Civil Code of the People's Republic of China.
Marriage is prohibited between lineal blood relatives or collateral blood relatives within three generations.
2. Why is it forbidden to marry men and women who are directly related to blood and collateral blood within three generations?
1. Prohibiting the marriage of blood relatives is a requirement of eugenics. The development of human relations between the sexes proves that intermarriage between relatives who are too close by blood is easy to pass on the physiological defects of both parties to their offspring, affecting family happiness and endangering the health of the nation. Marriages between clans that are not related by blood can create a more physically and intellectually robust race.
Therefore, the laws of various countries prohibit imitation of blood relatives within a certain range. For example, Japan's civil law prohibits the marriage of collateral blood relatives within three degrees of consanguinity.
2. The relevant laws and regulations prohibit marriage between lineal blood relatives and lineal inferior blood relatives, between brothers and sisters who are fully or semi-blood, between uncles, uncles, uncles, uncles and nieces, and between aunts, aunts, aunts and nephews and nephews. China has long had a saying that "men and women have the same surname, and they are not born", and since the Western Zhou Dynasty, it has been forbidden to marry with the same surname. In the Tang Dynasty, the sentence for marriage with the same surname was two years' imprisonment.
The law of the Ming and Qing dynasties stipulates: Those who marry with the same surname will have their own rods.
Six. 10. Divorce. At the end of the Qing Dynasty, the prohibition of marriage with the same surname was changed to the prohibition of marriage of the same clan.
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Marriage is prohibited under any of the following circumstances:
1) Immediate blood relatives and blood relatives within three generations;
2) Suffering from a medical illness that is medically deemed unfit for marriage.
Legal basis] Article 1048 of the Civil Code with Brothers, which prohibits marriage between direct blood relatives or collateral blood relatives within three generations.
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Marriage is prohibited under any of the following circumstances:
1) Immediate blood relatives and collateral blood relatives within three generations;
2) Suffering from a medical illness that is medically deemed unfit for marriage.
1. What are the conditions for marriage?
There are two kinds of conditions for marriage, one is necessary and the other is a prohibition on marriage.
The necessary conditions are: the marriage must be completely voluntary by both the man and the woman, and one party must not force or interfere with others; The age of marriage shall not be earlier than 22 years for men and 20 years for women; conform to the basic principles of monogamy;
The conditions that prohibit marriage are: direct blood relatives and collateral blood relatives within three generations; Suffering from a medical condition that is medically deemed undesirable for marriage.
2. What are the invalid marriages?
A marriage between a man and a woman is invalid if it falls under the following circumstances:
1) bigamy; That is, the act of marrying another person while having a spouse or marrying another person knowing that he or she has a spouse.
2) There is a family relationship that prohibits marriage; It means that the parties who have direct blood relatives and collateral blood relatives within three generations are prohibited from marrying.
3) Suffering from a disease that is medically considered unsuitable for marriage before marriage, and has not yet been married after marriage;
4) Those who have not reached the legal age for marriage. That is, the male is under the age of 22 and the female is under the age of 20.
For an invalid marriage that has been registered, the parties to the marriage and the interested parties may apply to the people's court with their brothers to declare the marriage null and void on this basis. Where the legally-prescribed reasons for invalidation have disappeared at the time of application, the people's court will not accept it.
3. Do I have to go to the marriage inspection to apply for a marriage certificate?
China's law has abolished the mandatory provisions on marriage inspection, and both parties can decide for themselves. In any of the following circumstances, the marriage registration authorities shall not register the marriage of the parties to the marriage registration: (1) they have not reached the legal age of marriage; (2) It is not voluntary; (3) One or both parties have already argued that they have a spouse; (4) Belong to direct blood relatives or collateral blood relatives within three generations; (5) Suffering from a disease that is medically deemed unfit for marriage.
Article 1048 of the Civil Code prohibits marriage between direct blood relatives or collateral blood relatives within three generations.
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