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"No marriage with the same surname" is a marriage taboo in ancient Chinese society. It stipulates that no one with the same surname shall marry each other, regardless of whether they are close or near or not, whether they are related by blood or not. This prohibition was created in the Zhou Dynasty, and it is recorded in the Book of Wei Gaozu Ji
Xia Yin does not dislike the marriage of the same surname, and the Zhou system never marries the same surname. "Since the Zhou Dynasty, it has been passed down from generation to generation, not only advocated by etiquette and religion, but also stipulated in the law since the Tang Dynasty. The law of the Tang Dynasty stipulated that a person who married with the same surname was sentenced to two years in prison ("Tang Law and Household Marriage"), and the law of the Song Dynasty was the same as that of the Tang Dynasty.
The Yuan Dynasty stipulated: "The same surname shall not be married, starting from the 25th day of the first month of the eighth year of the Yuan Dynasty, the former is quasi-married, and the latter shall be judged according to law and heard and divorced ("Yuan Dian Zhang"). Both the Ming Statute and the Qing Statute also stipulate that those who marry with the same surname will be given 60 rods and ordered to divorce.
So, why did the Zhou Dynasty prohibit marriage with the same surname, because of genetic reasons.
According to this view, the prohibition of marriage with the same surname is to avoid the disadvantages of close breeding. The Zhou people were very aware that marrying with the same surname would cause deformity and sterility of offspring, which would be detrimental to the population and heirs, so they made a provision for not marrying with the same surname. "Zuo Chuan: Twenty Years of Duke Xu" records:
Men and women have the same surname, and they are not born. and "Zuo Chuan: The First Year of Zhao Gong" contains: "Overseas Chinese hear that the internal officials are not as good as the same surname, and they are not born, and the beauty is exhausted first, then they will be sick, and the gentleman is evil."
Therefore, the zhi said: 'If you don't know your surname, you will buy a concubine.' 'Contrary to these two, the ancients were cautious, men and women distinguish their surnames, and the great priest of etiquette is also.
Chinese Jin also says: "The same surname is not married, and evil is not colonized." ”
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Legal analysis: Same-sex marriage is not recognized in our country, so same-sex marriage cannot be married in our country. So far, the following countries in the world have recognized gay marriage as legal:
Norway, Belgium, the Netherlands, France, Germany, Denmark, Finland, the United Kingdom, Sweden, Switzerland, and Croatia, as well as parts of the United States.
Legal basis: Article 1 of the Civil Code Article 1046 Marriage shall be completely voluntary between the man and the woman, and it is forbidden for either party to force the other party, and it is forbidden for any organization or individual to interfere with it.
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Same-sex cannot marry. Homosexuals in China cannot get married. Chinese law only protects heterosexual marriage, does not protect same-sex marriage, and does not recognize the legal effect of same-sex marriage.
Marriage must be entered into free and complete free will without coercion by either party or interference by any third party. The conditions for marriage are men and women, and homosexuality does not belong to the category of men and women under the law. The documents required for marriage registration are as follows:
1. Permanent residence booklet and resident ID card;
2. I have no spouse;
3. The parties submitted 3 2-inch recent half-length bareheaded color photos**.
Legal basisArticle 1046 of the Civil Code of the People's Republic of China.
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 between lineal blood relatives or collateral blood relatives within three generations.
The first leather bridge is one thousand and forty-nine.
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.
Article 1000.
After the marriage is registered, the woman may become a member of the man's family and the man may become a member of the woman's family according to the agreement between the man and the woman.
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Legal Analysis: Same-sex marriage is not allowed.
According to the relevant provisions of the current Chinese law, the marriage certificate is obtained by both the man and the woman, and the law does not stipulate otherwise. The reality is that there is no precedent for same-sex marriage certificates in China, and some same-sex people have sued the Civil Affairs Bureau in court, and the result is also that the lawsuit is lost. The current law is entirely concerned with heterosexual marriage and does not address same-sex marriage.
Therefore, the same sex is not allowed to get a marriage license.
Legal basis: Civil Code of the People's Republic of China
Article 1046:Marriage disturbing old age shall be completely voluntary for both men and women, and neither party shall be allowed to coerce the other party, and any organization or individual shall be prohibited from interfering.
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Same-sex marriage is not supported in our country. So same-sex is not protected by law. And whether it is a descendant or a normal marriage, it is still a faction that pays attention to the opposite sex. Love and get married.
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At present, China's marriage law does not allow same-sex couples to register their marriages, and some homosexuals will go abroad to obtain marriage certificates in order to be together. So how can the same sex go abroad to get a license? What is the process?
1. How to get a certificate abroad for the same sex
1.Apply for a marriage permit.
If you want to get a marriage license abroad, gay people must first apply for a marriage license online**. What is being applied for here is a marriage license, not an official marriage license. Marriage permits are valid for 90 days, so same-sex couples who want to go abroad to get a license can apply for registration before they leave the country.
2.Obtain a marriage certificate on the spot.
**Within 15 days of applying for a marriage permit, you can go to your location to collect your marriage license. Both people are required to carry valid identification, such as a passport, driver's license, etc. It is recommended that the original documents to be prepared should be in English, otherwise an English translation by a certified translator will be required.
3.Complete the marriage ceremony.
To obtain a marriage certificate abroad, the marriage ceremony must be completed. This step is also known as marriage certificate registration, and only after the completion of the notary marriage ceremony can the marriage license be officially registered as a marriage certificate. Within 90 days of receiving the marriage license, the couple must arrange a marriage ceremony.
2. Conditions for same-sex marriages abroad
1.Conditions for marriage.
Same-sex couples who want to get married abroad must first choose a country to get married into. Many foreign countries allow same-sex marriage, such as the Netherlands, Denmark, Norway, Sweden, Iceland, Canada, the United States, etc. However, it is important to note that while same-sex marriages are allowed in the Netherlands, they are only available to Dutch citizens or residents with residency rights in the Netherlands.
2.Precautions.
There is basically no mobile payment abroad, and whether to accept credit card charges depends on the local court, so it is recommended that the newcomer bring cash to pay. If you want to invite foreign friends to the wedding, be sure to send invitations in advance. The choice of a wedding priest is very important, and it is important to play ** in advance.
In addition, getting married abroad requires a certain fee for Mu Qin's Qi Shi teacher.
Summary: The above content is an introduction to the marriage of homosexuals abroad, and I hope to provide you with some reference. Marriage is a very important ceremony, and when two people participate in the ceremony, it is best to prepare a ring to make the process more ceremonial.
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Legal analysisSame-sex marriage registration has not yet been opened, and it is clearly stipulated that the parties applying for marriage registration are both men and women. Same-sex marriage (also known as "gay marriage" or "same-sex marriage") refers to a marriage between two members of the same sex. The two parties are still united for the purpose of living together permanently, and the rights and obligations of the husband and wife are the content of the return.
According to the relevant provisions, the person who enters into a marriage is a man and a woman who are at least 22 years old and the woman is at least 20 years old, and both parties are not close relatives or collateral relatives within three generations and do not suffer from diseases that prohibit marriage. After guessing from this, we can know whether our country recognizes sexual marriage. Marriage registration conditions:
1. Men and women must marry voluntarily. 2. Marriage age: 22 years old for men; Female: 20 years of age or older.
3. Neither party has a spouse (unmarried, divorced, widowed). 4. There is no direct blood relationship between the two parties and collateral blood relatives within three generations.
Legal basisArticle 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 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: No. Same-sex marriage registration has not yet been opened, and it is clearly stipulated that the parties applying for marriage registration are both men and women.
According to article 8 of the Marriage Law, a man and a woman who wish 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.
Legal basis: Civil Code of the People's Republic of China
Article 10000 Article 46: Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other, and it is forbidden for any organization or individual to 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 1049 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. If the marriage registration has not been completed, the registration shall be supplemented.
Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.
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.
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Legal Analysis] There is no filial piety reform to open the registration of same-sex marriages, and it is clearly stipulated that the parties applying for marriage registration are both men and women. Same-sex marriage (also known as "gay marriage" or "same-sex marriage") refers to a marriage between two members of the same sex. The parties are still united for the purpose of living together permanently, with the rights and obligations of husband and wife as the content.
According to the relevant provisions, the person who enters into a marriage is a man and a woman who are at least 22 years old and the woman is at least 20 years old, and both parties are not close relatives or collateral relatives within three generations and do not suffer from diseases that prohibit marriage. From this, it can be seen whether sexual marriage is recognized in China. Marriage registration conditions:
1. Both men and women must marry voluntarily. 2. Marriage age: Men must be at least 22 years old; Female: 20 years of age or older.
3. Neither party has a spouse (unmarried, divorced, widowed). 4. There is no direct blood relationship between the two parties and collateral blood relatives within three generations.
Legal basis] Civil Code of the People's Republic of China Article 1049 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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