Are husband and wife direct or collateral blood relatives?

Husband and wife are neither direct nor collateral.

Lineal blood relatives refer to relatives who are directly related to oneself, including those who have given birth to their own elders (parents, grandparents, maternal grandparents, and higher) and their own descendants (children, grandchildren, maternal grandchildren, and younger direct descendants).

Collateral blood relatives are relative to direct blood relatives, and it refers to relatives who are indirectly related to oneself, that is, blood relatives other than direct blood relatives and from the same origin as oneself. For example, you and your cousin, you both have genes inherited from your grandparents, so you are collateral blood relatives.

According to Chinese law, direct blood relatives or collateral blood relatives within three generations are not allowed to marry.

Hello! The so-called blood relatives refer to blood relations: those who have a direct reproductive relationship are called direct blood relatives, such as mothers and sons, fathers and daughters; Brothers and sisters Cousins, grandchildren, uncles and nephews are called collateral blood relatives.

Husbands and wives are not related by blood, so they are neither direct nor collateral blood relatives. (The explanation is very vernacular, not scientific and comprehensive, but it probably means so, I hope you can understand it.) ）

It's nothing, you're husband and wife!

Lineal blood relatives refer to relatives who have a direct blood relationship with oneself, that is, relatives of the upper and lower generations who have given birth to oneself and those who have been born by oneself.

Collateral blood relatives refer to relatives who are not direct blood relatives but are related to them by blood. The so-called collateral blood relatives within three generations refer to relatives who trace themselves back to the same blood source, and then count down two generations.

Sun: The second offspring of the husband and wife, and the grandchildren are divided into grandchildren and granddaughters according to their gender. Sometimes a grandson is a kind of collateral blood relative relative to a direct blood relative regardless of sex, and it refers to a relative who is indirectly related to himself, that is, in addition to direct blood relatives.

Legal Analysis: Immediate family refers to persons who have a direct blood relationship or marriage relationship with themselves, that is, direct blood relatives and direct in-laws, such as spouses, parents, children, grandparents (maternal grandparents), grandchildren (maternal grandchildren). Collateral relatives are people who are of the same blood as themselves in descent other than the immediate family and their spouses, such as siblings, uncles, aunts, uncles, aunts, etc.

Legal basis: Article 1045 of the Civil Code of the People's Republic of China: Relatives include spouses, blood relatives and in-laws.

Spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren are close relatives. Spouses, parents, children and other close relatives living together are family members.

Legal analysis: Immediate blood relatives refer to relatives who are directly related to themselves (with a relationship between birth and birth). This includes giving birth to one's own elders (parents, grandparents, maternal grandparents, and higher elders) and one's own younger children (children, grandchildren, maternal grandchildren, and the immediate younger ones).

Collateral blood relatives are relative to direct blood relatives, which refers to relatives who are indirectly related to themselves, that is, blood relatives who are of the same origin as themselves in addition to direct blood relatives.

According to the provisions of China's Civil Code, lineal blood relatives and collateral blood relatives within three generations are not allowed to marry.

Legal basis: Article 1048 of the Civil Code prohibits marriage between direct blood relatives or collateral blood relatives within three generations.

Legal analysis: lineal blood relatives refer to relatives who have a direct blood relationship with themselves, and have a relationship between birth and birth. According to the reason for the occurrence of kinship, relatives can be divided into three categories: spouse, blood relatives and in-laws.

Collateral blood relatives are relative to direct blood relatives, which refers to relatives who have indirect blood relations with themselves, that is, blood relatives who are from the same source as themselves in addition to direct blood relatives.

Legal basis: Article 1128 of the Civil Code of the People's Republic of China Where the children of the decedent die before the decedent, the direct descendants of the decedent's children shall inherit by subrogation. If the siblings of the successor die before the decedent, the children of the decedent's siblings shall inherit by subrogation.

Subrogated heirs can generally only inherit the share of the estate to which the subrogated heir is entitled.

Immediate family members. Immediate family members refer to persons who are directly related by blood or marriage, such as spouses, parents (parents-in-law, parents-in-law), children, grandparents (maternal grandparents), grandchildren (grandchildren) and their spouses.

Immediate family includes immediate blood relatives and direct in-laws:

1. Lineal blood relatives refer to relatives who are directly related to each other, including two parts of blood relatives. The blood relatives from which one's own body is derived are the blood relatives of all generations who have given birth to one's own body, such as parents, grandparents, etc.; Blood relatives born from one's own body are the offspring born of one's own body, such as children, grandchildren, etc. It is worth noting that lineal blood relatives are in addition to natural direct blood relatives.

It also includes legal fiction of direct blood relatives, such as adoptive parents and adoptive children, adoptive grandparents and adoptive grandchildren, and stepparents and stepchildren who have a dependent relationship are all direct blood relatives;

2. Direct in-laws are the direct blood relatives of the spouse, including daughter-in-law and father-in-law, son-in-law and father-in-law and mother-in-law.

Immediate blood relatives of the paternal line.

Great-great-grandfather - great-grandfather - grandfather - father.

Great-great-grandmother - great-grandmother - grandmother - father.

Maternal line: great-great-grandfather - great-grandfather - maternal grandfather - mother great-great-great-grandmother - great-grandmother - maternal grandmother - mother.

Son: The first offspring of a male in a couple's life.

Daughter: The first offspring of a woman in a couple.

Sun: The second offspring of the husband and wife, and the grandchildren are divided into grandchildren and granddaughters according to their gender. Sometimes grandson is a gender-neutral title.

Great-grandson: the third child of the couple.

Great-great-grandson: The fourth offspring of the husband and wife.

Collateral blood relatives Patrilineal.

Uncle: The father's brother, also known as uncle, uncle, uncle.

Auntie: Uncle's wife.

Uncle: Father's younger brother, also known as uncle and uncle.

Aunt: Uncle's wife.

Gu: The father's sister, also known as aunt and aunt.

Brother-in-law: Aunt's husband.

Matrilineal uncle: The mother's brother, also known as the uncle.

Aunt: Uncle's wife.

Aunt: The mother's sister, also known as aunt and aunt.

Uncle: Aunt's husband.

In-laws Husband: The name given to her partner by a married woman.

Daughter-in-law: The name given to a married man to his partner.

Father-in-law: The husband's father, also known as Dad.

Mother-in-law: The husband's mother, also known as mother.

Father-in-law, father-in-law: The wife's father, also called father.

Mother-in-law, mother-in-law: The wife's mother, also called mother.

Daughter-in-law: A term for a son's wife.

Son-in-law: A term for a daughter's husband.

Sister-in-law: A term for the elder brother's wife.

Brother and sister, brother and sister-in-law: A term for the younger brother's wife.

Brother-in-law: A term for my sister's husband.

Brother-in-law: A term for a sister's husband.

妯娌: A term or collective name between the wives of brothers.

Brother-in-law: The husband of the sisters is called or collectively called each other, also known as the brother-in-law: the name of the husband's sister.

Sister-in-law: A term for her husband's sister.

Brother-in-law: A term for his wife's brother.

Brother-in-law: A term for his wife's younger brother.

Lineal blood relatives refer to relatives who are directly related to oneself, such as parents, children, etc. Collateral blood relatives refer to relatives who are indirectly related to oneself, such as uncles, uncles, aunts, nephews, nephews, nieces, cousins, aunts, cousins, etc.

1. Is the niece an immediate family member?

A niece is not considered an immediate family member, and an immediate family member is a person with whom she is directly related by blood or marriage, such as spouse, parents (in-laws, parents-in-law), children, grandparents, grandchildren and their spouses. The kinship relationships regulated by Chinese law include husband and wife, parents, children, siblings, grandparents and maternal grandparents, grandchildren and grandchildren, daughters-in-law and in-laws, sons-in-law and parents-in-law. Other collateral blood relatives within three generations, such as uncles, aunts, aunts, nieces, nieces, cousins, cousins, etc.

Relatives are not the same as family members, and people who are related may belong to several different families; Family members are not absolutely related.

2. What are the collateral blood relatives within three generations of the Civil Code?

Collateral blood relatives within three generations refer to collateral relatives within three generations who are related to oneself, starting with oneself, oneself is the first generation, and then counting from oneself to the upper three generations, and counting down to the next three generations. Therefore, within three generations, there are collateral blood relatives: brothers and sisters, uncles, uncles, aunts, uncles, aunts, cousins, cousins, nieces, and nephews.

Article 1048 of the Civil Code.

Marriage is prohibited between lineal blood relatives or collateral blood relatives within three generations.

Article 1051.

Marriage is 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.

The first search touched one thousand and fifty-four.

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. 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.

Lineal consanguinity: Lineal blood relatives in the legal sense include two situations, one is relatives who are from the same ancestor and have natural blood ties, such as grandparents, parents, children, etc.; The second type refers to the fact that there is no natural blood relationship, but the status of the adoptive parent is legally equal to that of blood relative, such as the relationship between adoptive parents and adoptive children is equivalent to direct blood relative, which is roughly called legal fiction of direct blood relative.

Collateral consanguinity within three generations: Collateral consanguinity refers to relatives with indirect consanguinity, that is, non-direct consanguinity from the same ancestor, such as siblings, cousins, cousins, uncles and aunts, nieces, nieces, etc. The so-called "within three generations" is counting from oneself upwards, oneself is the first generation, to the parents are the second generation of Nazhen, to the grandparents and grandparents are the third generation; Counting down from oneself, oneself is the first generation, to the second generation of children, and to the third generation of grandchildren and grandchildren.

Blood relatives other than direct blood relatives within three yards of high generations are collateral blood relatives within three generations.