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China's "Marriage Law" stipulates that marriage is prohibited within three generations of collateral blood relatives. In China, the method of calculating kinship is based on the generations between blood relatives, one generation is one generation, such as two generations with parents and three generations with grandchildren; For example, cousins and aunts from grandparents are collateral blood relatives within three generations, and maternal cousins and maternal cousins are also collateral blood relatives within three generations. In our country, it is forbidden to marry collateral blood relatives within three generations.
To calculate the kinship of two people, it is necessary to first find out the homologous direct blood relatives of both parties, and then choose the greater and lower algebra of the two parties and this blood relative. For example, to calculate the generation between oneself and cousins, first find out that both parties have the same direct blood relatives as grandparents, three generations from oneself to grandparents, and three generations from cousins to grandparents. If both sides are within three generations, it is concluded that the cousins are collateral blood relatives within three generations.
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Don't look at the above as complicated, let me give you an example to make it easier to understand. For example, you and your cousin are third-degree relatives, 1 you, 2 your mother (her father), 3 your grandmother, that is, her grandmother, then count three, right? So you may ask, how close are you and your uncle?
It has nothing to do with seniority, and it is also a third-degree relative. Because your common elders are also your grandparents.
How close are you and your biological brother? Siblings are the closest of the kind, second-degree relatives, because your common elders are your parents, 1 you and 2 your parents. This should be understood by friends.
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Collateral blood relatives within 3 generations refer to collateral blood relatives who are from the same grandparents and maternal grandparents (as opposed to those who are already alive). Regardless of whether they are of the same generation or not, as long as they are collateral blood relatives from the same grandparents or maternal grandparents, they are all collateral blood relatives within three generations. There are brothers and sisters, cousins, cousins and sisters; There are uncles, uncles, aunts and nephews, uncles, aunts and nephews.
Then, the upward direct third generation is grandparents, maternal grandparents, and the downward direct third generation is granddaughters, who belong to the direct blood relatives within three generations. The calculation of collateral blood relatives within three generations is calculated based on the person's generation, counting from the two collateral relatives to the two cognate blood relatives, aunts, uncles, cousins, and uncles; Uncles, uncles, aunts, nieces, nieces, nieces, nieces, etc. are all collateral blood relatives within three generations.
Legal basis: Civil Code of the People's Republic of China
Article 1045: Relatives include spouses, blood relatives, and in-laws.
Spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren are close relatives.
Spouses, parents, children and other close relatives living together are family members.
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 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.
Derivative question: Can collateral blood relatives get married within three generations?
Collateral blood relatives within three generations cannot get married, because according to the provisions of the Civil Code of the People's Republic of China, it is expressly forbidden to marry lineal blood relatives or collateral blood relatives within three generations, and they are absolutely not allowed to marry. In addition, lineal blood relatives, including parents and children, grandparents and grandchildren, are not allowed to marry.
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Legal analysis: 1. Find yourself and the collateral blood relatives to be calculated;
2. Count the algebras from both sides to the blood homologous people to get two algebras;
3. If the algebra on both sides is the same, the same number is algebra; If the algebras on both sides are different, the one with more algebras is taken as its algebra.
Legal basis: 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.
Article 1051 Marriage shall be null and void under any of the following circumstances:
a) bigamy; It is a mu of vertical forest.
2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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Summary. Legal basis: The Marriage Law calculates the distance of kinship based on the generations between blood relatives.
In the calculation of direct blood relatives, the body is counted as one generation, and then counted up or down from body B, counting up to parents for two generations, and counting to grandparents for three generations; Count down to the second generation of children, count down to the third generation of grandchildren, and so on. When calculating collateral blood relatives, the generation must be determined according to the homologous relationship between collateral blood relatives, and those who are from the same parents are collateral blood relatives within two generations, and those who are from the same grandparents or maternal grandparents are collateral blood relatives within three generations, and so on. <>
Relatives, both from the paternal blood relatives of grandparents and maternal grandparents, are all collateral blood relatives within three generations. There are brothers and sisters of the same generation, cousins and sisters, cousins and sisters; There are uncles, uncles, aunts and nephews, uncles, aunts and nephews. Beyond this range, it does not belong to the collateral blood relatives within three generations.
Legal basis: The Marriage Law calculates the distance of kinship based on the generations between blood relatives and relatives. When calculating direct blood relatives, the brigade shouts that it is already a generation, and then counts up or down from body B, up to parents for two generations, and to grandparents for three generations; Count down to the second generation of children, count down to the third generation of grandchildren, and so on.
When calculating collateral blood relatives, the generation must be determined according to the homologous relationship between collateral blood relatives, and those who are from the same parents are collateral blood relatives within two generations, and those who are from the same grandparents or maternal grandparents are collateral blood relatives within three generations, and so on. <>
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Legal Analysis: Collateral Consanguinity. Rationale:
Collateral blood relatives refer to relatives who are indirectly related to themselves, that is, blood relatives who are of the same origin as their own relatives in addition to direct blood relatives. Collateral blood relatives within three generations refer to collateral blood relatives who are also derived from the parents of the grandparent. According to the calculation method of the Civil Code of the People's Republic of China, collateral blood relatives within three generations refer to:
Uncles, uncles, aunts, nephews, nephews, nieces, cousins, uncles, cousins, cousins, etc. Biological siblings are also collateral blood relatives. China's marriage law prohibits intermarriage between lineal blood relatives and collateral blood relatives within three generations.
Legal basis
Article 1048 of the Civil Code of the People's Republic of China prohibits marriage between 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. Siblings, uncles, aunts, nephews, nephews, etc., are all included.
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