Whether the plaintiff had the capacity for civil conduct at the time of divorce registration

Under normal circumstances, a person without civil capacity cannot be prosecuted by another person on his behalf, but if there is an act of abuse, abandonment or serious infringement of the property rights of a person without civil capacity, another person may file a divorce lawsuit on his behalf, because if he is not allowed to sue for divorce on his behalf, he or she will be deprived of his right to divorce and suffer serious marital infringement without remedy.

A person who lacks capacity for civil conduct generally cannot file a divorce lawsuit as a plaintiff, except for acts that seriously harm the lawful rights and interests of a person without capacity for civil conduct, such as abuse, abandonment, or malicious disposition of major joint property of the husband and wife. Divorce is a lawsuit involving identity relations, and whether or not to file a divorce lawsuit is an independent act of the parties to the marriage, and the expression of one's intention to divorce is a constitutive element of the civil juristic act of divorce, so under normal circumstances, a person who lacks the capacity for civil conduct cannot file a divorce lawsuit as a plaintiff. However, if one of the spouses abuses, abandons, maliciously disposes of the husband and wife's major joint property, or otherwise seriously harms the lawful rights and interests of the person who lacks civil capacity, from the perspective of protecting the person without civil capacity, others should be allowed to file divorce proceedings on their behalf, otherwise they will suffer marital infringement without remedy, which is not in line with the original intent of the legislation.

Article 144 of the Civil Code [Validity of Civil Juristic Acts Carried Out by Persons Without Civil Capacity] Civil juristic acts carried out by persons without civil capacity are invalid.

1. Whether the guarantee contract is valid if the loan contract is invalid.

If the loan contract is invalid, the guarantee contract is invalid, and the following contracts are invalid. (1) Contracts in which the actor maliciously colludes with the counterpart, harming the lawful rights and interests of others; (2) Contracts that violate the mandatory provisions of laws and administrative regulations; (3) Contracts in which the parties are persons without capacity for civil conduct; (4) Contracts carried out by the actor and the counterpart with false expressions of intent. Legal basis:

Article 144 of the Civil Code provides that civil juristic acts carried out by persons without capacity for civil conduct are invalid. Article 146:Civil juristic acts carried out by the actor and the counterpart with false expressions of intent are invalid. Article 153:Civil juristic acts that violate the mandatory provisions of laws and administrative regulations are invalid.

However, the mandatory provisions do not lead to the invalidity of the civil juristic act. Civil juristic acts that are contrary to public order and good customs are invalid. Article 154:Civil juristic acts where the actor maliciously colludes with the counterpart to harm the lawful rights and interests of others are invalid.

Legal Analysis: The handling of divorce proceedings in which the defendant is a person with no capacity for civil conduct is as follows:

1. The declaration procedure is a prerequisite. During or before divorce proceedings, the capacity of a person who lacks capacity for civil conduct must be determined through a special procedure provided for in the Code of Civil Procedure. In addition, the issue of how to identify persons without capacity for civil conduct shall comply with the provisions of the law, and an appraisal department that meets the requirements shall make an evaluation of capacity.

2. Divorce proceedings in which a person with limited capacity is the defendant. As a person with no capacity for civil conduct, the defendant's participation in the litigation has the issue of changing the qualification of a legal person.

3. Physical. The substantive issue is mainly how the people's court determines whether the parties should be divorced.

Legal basis: Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China Article 157: In divorce proceedings for persons without capacity for civil conduct, the statutory ** persons of the parties shall appear in court; Where the legally-prescribed person cannot appear in court, the people's court shall make a judgment in accordance with law on the basis of ascertaining the facts.

Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.