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Betrothal, also known as marriage contract, according to Chinese folk customs, usually precedes marriage with an engagement ceremony: making a marriage letter, exchanging gifts, or setting up a matchmaker, etc. However, according to the current laws of our country, engagement is not a necessary procedure before marriage, and a marriage without engagement does not lose the validity of its marriage.
Engagement is legally a contract, a status contract. This status contract has several characteristics: the marriage contract must not be concluded, and the marriage contract can only be established if the man and the woman agree with each other.
Only those who have the legal capacity to engage in engagement. Capacity for engagement is defined on the basis of age: a man is 22 years old and a woman is 20 years old.
The marriage contract shall not be enforced. The marriage contract should be observed, but it should also be in accordance with the wishes of both the man and the woman. If one party is unable to perform, it cannot be enforced.
In addition, according to Article 8 of the Marriage Law, "a man and a woman who are required to marry must register their marriage in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife.
Where marriage registration has not been completed, the registration shall be re-registered. Therefore, being engaged is not considered husband and wife. Legal basis:
Article 8 of the Marriage Law of the People's Republic of China [Marriage Registration] A man and a woman who are required to marry must register their marriage 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. Obtaining a marriage certificate establishes the relationship between husband and wife.
Where marriage registration has not been completed, the registration shall be re-registered.
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If you are engaged and living together, you are not legally husband and wife, but you can treat yourself as husband and wife.
As for your parents who are pretty much in charge of what you do, I believe it didn't start at least when you two met.
It should be a habit that has been cultivated since childhood, and as you, you should communicate and discuss with your parents.
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No, you have to get a marriage certificate.
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Power? Parents? Tell? Be? No? O young man! Are you living in **?
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The engaged is not a legal husband and wife as stipulated in the law, and the engagement is only a prenuptial contract between the man and the woman, and the married man and woman should apply for marriage registration in person at the marriage registration authority, and when the marriage registration is completed, a legal marriage relationship is established.
Legal basis:According to Article 1049 of the Civil Code of the People's Republic of China, which came into effect on January 1, 2021.
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 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.
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Legal analysis: The engaged parties are not husband and wife, and only the two parties who have registered their marriage can be regarded as legal husband and wife. Betrothal is not a necessary pre-marital procedure, and a marriage without engagement does not dissipate the validity of the marriage.
Betrothal is a contractual act in the eyes of the law, which is a status contract.
Legal basis: Article 1049 of the Civil Code of the People's Republic of China 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 completion of the marriage registration means that the marriage relationship is established. Where marriage registration has not been completed, the registration shall be re-registered.
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If you are not a husband and wife after you are engaged, you are married when you are registered as a husband and wife by the marriage registration authority.
Engagement is legally a contractual act. It's a kind of identity contract.
This type of status contract has the following characteristics: the conclusion of the marriage contract cannot be represented, and the marriage contract can only be established if the marriage contract is agreed by both the man and the woman. Only a person with legal capacity for engagement can engage in engagement.
The definition of betrothal capacity is based on age: men reach the age of 22 and women reach the age of 20. The marriage contract shall not be enforced. Although the marriage contract should be observed, it should also be observed in accordance with the wishes of both the man and the woman. If one party fails to perform, it cannot be enforced.
Legal basis] Article 1049 of the Civil Code, 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.
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After the engagement, the parties are not husband and wife, and only after the marriage registration is the parties are considered legally married. Betrothal is not a necessary procedure before marriage, and a marriage without engagement does not lose the validity of the marriage. Engagement is legally a contract, a status contract.
Legal basis:
Article 1049 of the Civil Code stipulates that 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.
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