2. The new content of the new marriage law is to prohibit spouses from cohabiting with others. Domestic violence is prohibited. Husband and wife should be faithful and respect each other; Family members should respect the old and love the young, help each other and maintain equal, harmonious and civilized marriage and family relations. Those who have not registered for marriage shall re-register.
The full text of the Marriage Law of the People's Republic of China is divided into six chapters, including general provisions, marriage, family relations, divorce, rescue measures and legal responsibilities, and supplementary provisions, article ***5 1.
1980 September 10, the third session of the Fifth National People's Congress passed the new Marriage Law of the People's Republic of China, which came into effect on June 198 1 0. 1950 The Marriage Law of the People's Republic of China promulgated in May shall be abolished as of the date of implementation of this Law. 2001revised at the 21st meeting of the Ninth NPC Standing Committee on April 28th.
On May 28th, 2020, the Third Session of the 13th National People's Congress voted to pass the Civil Code of People's Republic of China (PRC), which came into effect on October 28th. The Marriage Law of the People's Republic of China shall be abolished at the same time.
legal ground
People's Republic of China (PRC) Civil Code
Article 1046 Marriage shall be voluntary by both men and women, and it is forbidden for either party to force the other, and no organization or individual may interfere.
Article 1047 The age of marriage shall not be earlier than 22 for men and 20 for women.
1048th lineal blood relatives or collateral blood relatives within three generations are prohibited from getting married.
Article 1049 If both men and women want to get married, they should apply for marriage registration in person at the marriage registration office. Those who meet the requirements of this law shall be registered and issued a marriage certificate. The marriage relationship is established when the marriage registration is completed. Those who have not registered for marriage shall re-register.
Article 1050: After a registered marriage, a woman can become a member of the man's family and a man can become a member of the woman's family according to the agreement of both men and women.
Article 105 1 The marriage is invalid in any of the following circumstances:
(1) Bigamy;
(2) Having a family relationship that prohibits marriage;
(three) did not reach the legal age for marriage.
Article 1052 If a marriage is made under duress, the coerced party may request the people's court to cancel the marriage.
The request for dissolution of marriage shall be made within one year from the date of termination of coercion.
If the party whose personal freedom is illegally restricted wants to dissolve the marriage, it shall do so within one year from the date of restoring personal freedom.
Article 1053 If one party suffers from serious illness, it shall truthfully inform the other party before marriage registration; If it fails to tell the truth, the other party may request the people's court to cancel the marriage.
A request for the annulment of a marriage shall be made within one year from the date when he knows or should know the reasons for the annulment.
Article 1054 An invalid or revoked 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 cohabitation shall be handled by the parties through agreement; If the agreement fails, the people's court shall make a judgment according to the principle of taking care of the innocent party. The property disposal of invalid marriage caused by bigamy shall not infringe upon the property rights and interests of the parties to legal marriage. The provisions of this law concerning parents and children shall apply to the children born to the parties concerned.
If the marriage is invalid or revoked, the innocent party has the right to claim damages.