Why recognition of a de facto marriage violates the principles of marriage and family law

In fact, it is wrong to say this, and it does not mean that the recognition of a de facto marriage violates the principles of marriage and family law.

The change in our legal attitude towards de facto marriages has gone through three stages.

The first stage: from the early days of the founding of the People's Republic of China to February 1, 1994, before the entry into force of the Regulations on the Administration of Marriage Registration. At this stage, the legal attitude towards de facto marriages in our country is conditional recognition.

Phase II: From February 1, 1994 to April 28, 2001, before the promulgation and implementation of the amended Marriage Law. At this stage, the validity of a de facto marriage is completely denied.

Article 24 of the Regulations on the Administration of Marriage Registration, promulgated by the Ministry of Civil Affairs on 1 February 1994, stipulates that "if a citizen who has not reached the legal age for marriage cohabits in the name of husband and wife, or if a party who meets the conditions for marriage cohabits in the name of husband and wife without marriage registration, his marriage relationship shall be null and void and shall not be protected by law".

The third stage: from the promulgation and implementation of the amended Marriage Law on April 28, 2001. This stage is characterized by the conditional recognition of the validity of de facto marriages.

However, this recognition is indirect, and is accomplished by giving retroactive effect to retroactive registrations. According to Article 5 of the Interpretation (I) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China dated December 27, 2001, firstly, before February 1, 1994, a person who cohabited in the name of husband and wife without completing marriage registration could be deemed to be a de facto marriage as long as the substantive requirements for marriage were met. If the parties do not re-register their marriage, their relationship is cohabitation and is not considered a de facto marriage.

In other words, the so-called "de facto marriage" after February 1, 1994 is not recognized, in fact, according to the spirit of China's current marriage and family law, the term de facto marriage no longer exists, and has been replaced by non-marital cohabitation, and de facto marriage is actually a problem left over from history.

Because according to the rules of marriage in our country, monogamy is practiced in our country. With de facto marriage, it is contrary to the system!

We now conditionally recognize de facto marriages. In accordance with the provisions of the relevant laws of the People's Republic of China, if the man and woman have met the substantive requirements for marriage before February 1, 1994, the de facto marriage shall be recognized; After February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, and fail to complete the marriage registration before the age of marriage, it is not a de facto marriage and shall be treated as a dissolution of cohabitation.

Legal basis: Article 13 of the "Several Opinions on the Trial of Cases by the People's Courts of Living Together in the Name of Husband and Wife without Marriage Registration" [Extended Legal Provisions] Article 1127 of the Civil Code Article 1131 of the Civil Code.

Not equal. The following elements are required to justify the constitution of a de facto marriage: 1. The cohabitation of a man and a woman (i.e., the continuous and stable cohabitation of a man and a woman) began before February 1, 1994; 2. Cohabitation is carried out in the name of husband and wife; 3. The cohabiting parties already met the substantive requirements for marriage when they cohabited before 1994.

The so-called substantive requirements for marriage are the conditions that must be met by both men and women to establish a relationship between husband and wife, including: 1. Both parties have reached the legal age of marriage (22 for men and 20 for women); 2. Both parties are willing to marry; 3. Neither party has a socks orange puppet and does not belong to the direct blood relatives or collateral blood relatives within three generations; 4. Do not suffer from any disease that is medically considered unsuitable for marriage. Legal basis:

Article 12 of the Marriage Law of the People's Republic of China Annulment of Marriage A marriage that is invalid or annulled shall be null and 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 the invalidity of a 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.

Legal analysis: It does not mean that China does not recognize de facto marriages, and marriages must be registered to be legal marriages.

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 marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Not equal. A de facto marriage is not a legal marriage, and it is not recognized in our country. The following elements are required for a de facto marriage to be constituted:

Cohabitation (i.e., a man and a woman living together in a continuous and stable manner) began before 1 February 1994; Cohabitation is carried out in the name of husband and wife; The cohabiting parties had met the substantive requirements for marriage at the time of cohabitation before 1994. Article 1054 of the Civil Code68A void or annulled marriage is not legally binding from the beginning, and Bi Henghui does 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.

Legal Analysis: The state's provisions on de facto marriage are that if both the man and the woman have met the substantive requirements for marriage, but have not gone through the registration of the marriage of absolute beauty, it may be handled as a de facto marriage. Where a man infiltrates the substantive requirements for marriage between the two parties but has not registered the marriage, the marriage is not a de facto marriage, and China does not recognize it.

Where the parties have not completed the marriage registration, they shall do so in a timely manner, otherwise it shall be handled in accordance with the cohabitation relationship.

Legal basis: Article 1049 of the Civil Code of the People's Republic of China provides 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.