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Anonymous users2024-02-08A annulled marriage is void ab initio. Therefore, the parties do not have the rights and obligations of husband and wife. In the case of cohabitation, the property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party.
The disposition of property that results in an invalid marriage caused by bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. For children born to the parties, the provisions of the Marriage Law on parents and children shall apply. That is, the annulment or annulment of the marriage will not have any impact on the legal relationship between parents and children.
Legal basis: Article 12 of the Marriage Law.
A null and void marriage that is void or annulled is void ab initio. 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 the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party.
The disposition of property that results in an invalid marriage caused by bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. For children born to the parties, the provisions of this Law on parents and children shall apply.
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Anonymous users2024-02-07The most important principle of marriage is freedom of will. If one party threatens the other party to marry for any reason, and the threatened party is forced to agree to the marriage, it is clearly contrary to the purpose of the freedom of marriage, and the parties may apply for annulment of the marriage. It should be noted that whether the marriage can be annulled or not, the initiative is completely in the hands of the parties.
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Anonymous users2024-02-06A annulled marriage is void ab initio. Therefore, the parties do not have the rights and obligations of husband and wife. In the case of cohabitation, the property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If the agreement is not reached, the people's court shall make a judgment.
The children born to the parties will not have any impact on the legal relationship between parents and children because the marriage is invalid or annulled.
Legal basis: Article 1054 of the Civil Code of the People's Republic of China.
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. The 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.
What are the effects of the annulment of a marriage.
The law stipulates that an invalid or annulled marriage is not legally binding ab initio, 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.
What are the specific legal consequences of the invalidity and rescission of a contract.
The specific legal consequences of the invalidity and revocation of a contract are:
1. An invalid or revoked contract is not legally binding from the beginning;
2. The parties shall return the acquired property;
3. If the property cannot be returned or there is no need to return it, compensation shall be made at a discount;
4. The party at fault shall compensate the other party for the losses suffered thereby;
5. Each party shall bear the corresponding responsibility according to the fault.
Legal basis.
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