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bigamy, close relatives who are prohibited from marrying, and those who have not reached the appropriate age.
Bigamy refers to the registration of a marriage with another person before the previous marriage has not been dissolved.
Where there is a family relationship that prohibits marriage: China's law prohibits marriage between blood relatives within three generations, including the third generation.
Under the legal age of marriage: The Civil Code stipulates that the age of marriage shall not be earlier than 22 years old for men and 20 years old for women. A marriage that marries before the legal age of marriage is null and void.
If you have some serious illnesses or the above factors, you should inform the other party before the marriage registration, otherwise the other party can also file for divorce after registration.
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The new Marriage Law has become invalid, and the Civil Code includes the following circumstances: bigamy, having a family relationship that prohibits marriage, and not reaching the legal age of marriage. In addition, a marriage that is found to be invalid in accordance with the law is void ab initio, and the parties do not have the rights and obligations of husband and wife.
[Legal basis].Article 1051 of the Civil Code of the People's Republic of China.
Marriage is 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.
Article 1054.
An invalid or annulled marriage is not legally binding from the beginning, and 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 an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.
The provisions of this Law on parents and children shall apply to children born to the parties.
If the marriage is invalid or annulled, the innocent party has the right to claim damages.
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Legal analysis: (1) bigamy; (2) There is a family relationship that prohibits marriage; (3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage; (4) They have not reached the legal age for marriage. [Legal basis].
Article 1051 of the Civil Code of the People's Republic of China A marriage shall be invalid under any of the following circumstances: (1) bigamy; 2) Have a family relationship that prohibits marriage; 3) They have not reached the legal age for marriage.
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Legal Analysis: Empty Circumstances of Invalid Marriage: 1. Bigamy; 2. Those who have not reached the legal age of marriage; 3. Those who have a kinship that prohibits marriage, that is, close relatives marry;
Legal basis: "Civil Code of the People's Republic of China" Lao Oak Article 1051 If there is any of the following circumstances next to the attendant, the marriage is invalid: (1) bigamy; 2) Have a family relationship that prohibits marriage; 3) They have not reached the legal age for marriage.
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According to the provisions of China's Civil Code, a marriage is invalid 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.
Article 1051 of the Civil Code of the People's Republic of China [Circumstances of Invalid Marriage] In any of the following circumstances, the marriage is invalid:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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Hello, bigamy, direct blood relatives or collateral blood relatives within three generations, as well as marriages in which the man is under the age of 22 and the woman is under the age of 20 are invalid marriages.
Legal basis] Article 1051 of the Civil Code: A marriage shall be invalid under any of the following circumstances: (1) bigamy; 2) Have a family relationship that prohibits marriage; 3) They have not reached the legal age for marriage.
Article 1047: The age of marriage shall not be earlier than twenty-two years for men and twenty years for women.
Article 1048: Marriage is prohibited between lineal blood relatives or collateral blood relatives within three generations.
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A marriage is void if there is one of the following relationships:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage. There are circumstances in which the marriage is null and void at the time of marriage, and these circumstances do not necessarily exist at the time of the application for annulment. In accordance with the provisions of the law, where a party applies to the court for a declaration of annulment of marriage in accordance with Article 10 of the Civil Code, the people's court will not support it if the legally prescribed circumstances for invalidating the marriage have disappeared at the time of the application.
That is, a marriage is considered valid when the circumstances under which the annulment has disappeared. The Civil Code stipulates that some of the four circumstances in which a marriage is invalid may or may not disappear. For example:
In the case of bigamy, if the previous marriage has been dissolved, there is naturally no problem of bigamy, and the marriage cannot be declared null and void; If there is a kinship that prohibits marriage, if it is proved through the denial of the parent-child relationship that there is no blood relationship, the marriage cannot be declared invalid, but under normal circumstances, this situation cannot disappear or change; If the illness suffered before the marriage is applied to the court**, the marriage cannot be annulled; If the marriage was not of legal age at the time of marriage, but the legal age of marriage was reached at the time of the application for annulment, the court will not rule that the marriage is invalid.
1. How long do husband and wife live apart and can the marriage be terminated?
No matter how long the separation lasts, the marriage relationship will not automatically lapse. In any of the following circumstances, the marriage is null and void: (1) bigamy; (2) There is a family relationship that prohibits marriage; (3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage; (4) They have not reached the legal age for marriage.
Other than that, there is no invalidity.
2. Is the prohibition of marriage stipulated in the Civil Code?
There is no prohibition on marriage in the Civil Code, but there are provisions on the circumstances in which a marriage is invalid, if there is bigamy; have a family relationship that prohibits marriage; In one of the circumstances under which the legal age of marriage is reached, the marriage is invalid, and the invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife.
Article 1051 of the Civil Code of the People's Republic of China shall invalidate a marriage 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.
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Legal Analysis: The circumstances under which a marriage is invalid are: bigamy; have a family relationship that prohibits marriage; Under the legal age for marriage.
Legal basis: Article 1051 of the Civil Code of the People's Republic of China In any of the following circumstances, a marriage is invalid:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
After a people's court accepts an application for a declaration of annulment of marriage, if upon review it is found to be an invalid marriage, it shall make a judgment declaring the marriage null and void in accordance with law.
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Legal analysis: (1) bigamy; (2) There is a family relationship that prohibits marriage; (3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage; (4) Those who have not reached the legal age for marriage. [Legal basis].
Civil Code of the People's Republic of China》 Article 1 Nonsense calls for 10051 In any of the following circumstances, the marriage shall be invalid: (1) bigamy; 2) Have a family relationship that prohibits marriage; 3) They have not reached the legal age for marriage.
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