What are the legal effects between relatives?

For example, the Marriage Law stipulates that certain relatives such as husband and wife, parents and children have the obligation to support each other or to raise and support each other; Husband and wife have equal rights to dispose of joint property. The following is a detailed introduction for you by Legal Express.

The following legal effects are binding between relatives:

l) Effect on the law of marriage.

The Marriage Law stipulates that certain relatives, such as husband and wife, parents and children, have the obligation to support each other or to raise or support each other; Husband and wife have equal rights to dispose of joint property. The right of husband and wife, parents and children to inherit property from each other; There are provisions prohibiting marriage for relatives within a certain range, such as direct blood relatives and collateral blood relatives within three generations.

2) Validity in criminal law.

For some crimes, there are provisions in the Criminal Law, for example, Article 261 of the Criminal Law stipulates: "Whoever refuses to support a person who is old, young, sick or otherwise incapable of independent living shall be sentenced to fixed-term imprisonment of not more than five years, criminal detention or public surveillance."

3) Validity in civil law.

The parents are the legal ** persons of the minor children; According to the proximity of kinship, the order of legal heirs and the share of successors are determined in civil law.

4) Effect in procedural law.

In procedural law, a certain kinship is the reason for recusal. For example, article 28 of the Criminal Procedure Law stipulates that adjudicators, procurators, and investigators who are parties to the case or close relatives of the parties shall recuse themselves. The Code of Civil Procedure also contains the same provisions.

5) Effect on labor law.

In the labor law, it is stipulated that certain relatives can enjoy social insurance benefits. Article 73 of the Labour Law stipulates that after the death of a worker, his surviving family members are entitled to survivors' allowances in accordance with the law. In addition, there is also a provision for family visit leave for the employee's spouse who lives in two places and whose parents do not live with the employee.

6) Effect on nationality law.

The Nationality Law stipulates that foreigners or stateless persons who are close relatives of Chinese may apply for approval to add Chinese nationality if they are willing to abide by the Constitution and laws of China. At the same time, it is stipulated that if a Chinese citizen is a close relative of a foreigner, he or she may renounce his Chinese nationality upon application for approval.

where it is voluntarily claimed, the expression of intent may be recorded in written form; It may also be made orally, but it should be witnessed by two disinterested witnesses. Biological mothers usually only need to prove the fact that the child was born by the biological mother, such as birth certificates, birth records of the maternity hospital, etc. If the biological father, mother or child requests notarization, the notarization formalities shall be completed.

In the absence of a clear expression of intent by the parties, there shall be no presumption. Adoption can also be made by will. The invalidity of other contents of the will does not affect the validity of the claim.

Compulsory adoption refers to where there is sufficient evidence to prove that the party is the biological father or mother of an illegitimate child, and the party refuses to claim it, the people's court is requested to confirm the blood relationship between the person and the illegitimate child and order him to claim it. Compulsory adoption is a powerful means of protecting the interests of children born out of wedlock, and is of great significance in real life, so the family laws of most countries have provisions for compulsory adoption or litigation for adoption.

Legal Analysis: Kinship is a social relationship formed based on marriage, blood, and legal fiction. The family relationships regulated by Chinese law include husband and wife, parents, children, siblings, grandparents and maternal grandparents, grandchildren and grandchildren, daughters-in-law and in-laws, sons-in-law and parents-in-law, and other collateral blood relatives within three generations.

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 close relatives.

Spouses, parents, children and other close relatives living together are family members.

1. The generation of relatives can only be based on three reasons: blood, marriage or legal fiction. Relatives arising from marriage refer to the relationship between a man and a woman who form a marital relationship as a result of marriage, that is, spouses. This results in the relationship of in-law between the husband and his wife's parents, brothers and sisters, and the wife's parents, brothers and sisters.

Relatives born of blood ties are limited to natural blood relatives. Such as parents, children, siblings, uncles, aunts and nieces, etc. 2. Relatives arising from legal fiction.

That is, based on a certain legal act or legal fact. The law recognizes that the subjects are relatives of each other, such as adoptive parents and adoptive children as a result of the establishment of adoption. Stepparents and stepchildren arising from a dependency relationship are recognized by Chinese law as fictitious blood relatives.

3. The social relationship of kinship is different from other social relations, and once it is adjusted by law, it produces a legal relationship of rights and obligations between subjects with kinship status. According to the current laws and regulations of our country, close relatives only include spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren.