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1. First of all, to correct your statement, there is only one marriage law in China, and there is no new and old marriage law;
2. What you are talking about should be Interpretation III of the Marriage Law, which came into force on August 13, 2011.
3. According to Article 21 of the Law on the Application of Laws to Foreign-related Civil Relations, "the conditions for marriage shall be governed by the law of the place where the parties have their common habitual residence; If there is no common habitual residence, the law of the country of common nationality shall apply; Where there is no common nationality and a marriage is contracted in the place of habitual residence or nationality of one of the parties, the law of the place where the marriage was concluded shall apply. "Article 22 provides:
Marriage formalities are valid if they comply with the law of the place where the marriage is concluded, the law of the habitual residence of one of the parties, or the law of the country of nationality. "Accordingly, with regard to the substantive elements, the law of the place of common habitual residence, the law of the State of common nationality and the law of the place where the marriage was contracted shall be applied in turn; As for the formal requirements, one of the laws of the place where the marriage was contracted, the law of the habitual residence of one of the parties or the law of the country of nationality should be chosen. In addition, on the basis of treaty or reciprocity, China also recognizes the validity of marriages between foreigners of the same nationality at their own embassies and consulates in China.
However, China prohibits military personnel, diplomats, public security personnel, confidential personnel of state organs, and other personnel in possession of major secrets, as well as persons undergoing re-education through labor and serving prison sentences, from marrying foreigners.
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For people who are married in China, or Chinese who are married abroad.
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On April 28, 2001, the 21st Session of the Standing Committee of the Ninth National People's Congress passed the revision of the Marriage Law of the People's Republic of China, and the newly revised Marriage Law came into force on the same day.
On August 12, 2011, the Supreme People's Court issued the latest judicial interpretation of the Marriage Law.
In 2016, no new Marriage Law or related judicial interpretations were promulgated.
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There are no amendments to the Marriage Act this year.
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Since the first-instance verdict has not broken down, the relationship between the husband and wife has not yet broken down, and it is only possible to get along! Why can a certain party not go home for a long time after the judgment is pronounced, and after half a year, sue for divorce for the second time! [Husband and wife, relationship breakdown] grant divorce???
Since there is no breakdown, both parties should live the life of husband and wife! Why is this a problem??? Between husband and wife!
It's all going hand in hand! It doesn't have to be a miracle in half a year! The human heart is made of meat!
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The content of the Marriage Law of the People's Republic of China is mainly concerned with the adjustment of marital relations, and at the same time involves various important issues in family relations. The Marriage Law of the People's Republic of China, promulgated and implemented on May 1, 1950, was the first law promulgated by the People's Republic of China.
The full text of the latest Marriage Law in 2016 includes six chapters and 51 articles, including General Provisions, Marriage, Family Relations, Divorce, Relief Measures and Legal Liability, and Supplementary Provisions.
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My wife has been away from home for nearly half a year, and when she left, she took our common family with her, asked for a divorce from her, and asked her daughter to follow her, can I have custody of my daughter?
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In cases involving matrimonial property, it is recommended to consult a lawyer as it involves not only understanding the legal provisions, but also the analysis and collection of evidence.
For reference, please refer to the Interpretation (III) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
Article 6: Where before marriage or during the existence of a marital relationship, the parties agree to donate real estate owned by one party to the other party, and the donor revokes the gift before the registration of the change in the donated real estate, and the other party requests an order to continue performance, the people's court may handle it in accordance with the provisions of article 186 of the Contract Law.
Article 7: Where immovable property purchased by one of the parents for their children after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of their children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.
Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.
Article 10 Where one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.
If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.
Article 11: Where one party buys a house jointly owned by the husband and wife without the consent of the other party, and the third party purchases it in good faith, pays a reasonable consideration and goes through the property rights registration formalities, and the other party claims to recover the house, the people's court will not support it.
Where one of the husband and wife disposes of the jointly owned house without authorization, causing losses to the other party, and the other party requests compensation for the losses at the time of divorce, the people's court shall support it.
Article 12: Where, during the existence of a marital relationship, both parties use the joint property of the husband and wife to purchase a house in the name of one of the parents, and the property rights are registered in the name of one of the parents, and at the time of divorce the other party claims that the house be divided according to the joint property of the husband and wife, the people's court will not support it. The capital contribution made at the time of purchase of the house can be treated as a creditor's right.
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There is no new Marriage Law in 2016, the latest Marriage Law was passed in 1980 and amended in 2001, and the latest judicial interpretation of the Marriage Law is Judicial Interpretation III in 2011. The new marriage law uploaded on the Internet some time ago is just a rumor, and it does not actually exist.
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1. Regardless of before or after marriage, if the house purchased by the parents is registered in the name of their children, it will be recognized as personal property and does not belong to the joint property of the husband and wife.
2. The house bought before marriage and registered in your own name is personal property and will not be distributed at the time of divorce.
3. The house bought before marriage, the appreciation part of the house after marriage has nothing to do with the spouse.
4. If the house bought before marriage is registered in your own name, if the husband and wife repay the loan together, the other party's repayment part should be considered for compensation when you divorce.
5. The man bought a house before marriage, and after marriage he sold the house without authorization, if his wife wants to recover the house, the court will not support it.
6. After marriage, when the husband and wife participate in the purchase of one of the parents' houses with joint property, the house belongs to the personal property of one party after the divorce and does not participate in the division of property.
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The main ones are judicial interpretations (3).
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I agree to get married at the age of 18 or earlier, the love between the two people is very sweet, but because of the age limit, they can't do the principle of Zhou Gong, and they can't have children early, and the children of our poor families can't get a hukou and have to be fined.
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The 2012 Marriage Law has not been changed.
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The age of marriage registration under the Marriage Law is 22 years old for the man and 20 years old for the woman.
The Marriage Law specifically stipulates:
Chapter 2 Marriage.
Article 5 Marriage must be entered into free and complete free will be between the man and the woman, and neither party shall be allowed to coerce the other or any third party to interfere with it.
Article 6: The age of marriage shall not be earlier than 22 years for men and 20 years old for women. Late marriage and childbearing should be encouraged.
Article 7: Marriage is prohibited in any of the following circumstances:
1. Direct blood relatives and collateral blood relatives within three generations;
2. Suffering from a medical illness that is medically considered unsuitable for marriage.
Article 8 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. 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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In 2016, a new Marriage Law may not be passed, but there is a proposal to change the minimum age of marriage to 18.
Chapter IV Divorce.
Article 31: Where both men and women divorce voluntarily, the divorce is granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed. >>>More
The significance of the promulgation of the new Marriage Law is to clarify the ownership of premarital real estate, so that courts at all levels can achieve uniformity in trial practice. However, after the introduction of the real estate certificate, it did have a great impact, resulting in a crisis for the woman, resulting in a large number of women asking for a name on the real estate certificate, and the crisis of real estate division occurred in advance. In view of this, a new policy has been introduced to grant deed tax exemption to handle the name change of real estate, which is actually to encourage everyone to handle it, which really makes it very difficult for the man. >>>More
The second floor is right, you are buying a house after marriage, and the issue of buying a house after marriage is not adjusted by the new marriage law, it was and is now handled according to the joint property of the husband and wife, no matter whose name is written. >>>More
There are two ways to get divorced: divorce by agreement and divorce by litigation, and there is no automatic divorce. >>>More
Article 10 of Interpretation 3 of the Marriage Law stipulates that if one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce. >>>More