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The Supreme Law of the People's Republic of China solicits public opinions on the judicial interpretation of the Civil Code Marriage and Family Code (II)

08:43, April 8, 2024 | Source: People's Court Daily
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Beijing, April 7 (trainee reporter Zhang Yue) The Supreme People's Court issued a notice on April 7, soliciting public opinions on the draft of the interpretation (II) on the application of the Civil Code's Marriage and Family Code (see the second edition for the full text). The judicial interpretation is intended to provide for "fake divorce", live broadcast rewards for minors and other issues. The deadline for soliciting opinions is April 30.

According to the draft, the people's court will not support one party's request for confirmation of the invalidity of divorce on the ground of false declaration of both parties' intentions after the husband and wife have registered for divorce. If one party has evidence to prove that both parties' intentions are false, requests to confirm that the provisions on property and debt disposal in the divorce agreement are invalid, and claims to re divide the joint property of the husband and wife, the people's court shall support it according to law.

The draft also stipulates that, before marriage or during the duration of the marriage relationship, one party changes its ownership of the house to the other party's name or both parties' names. In divorce proceedings, if the party requests the other party to return the house, the people's court shall, according to the party's request, consider the duration of the marriage relationship, divorce fault, economic situation of both parties and other facts in combination with the purpose of the donated house property, It is judged that the house belongs to one party, and the party obtaining the house shall make appropriate compensation to the other party with reference to the market price of the house, unless otherwise agreed by both parties.

As for the reward for live broadcast of minors, the draft stipulates that if minors under the age of eight implement the reward behavior through the webcast platform, their legal representatives claim that the civil legal act is invalid and request the return of the reward money, the people's court shall support it according to law. Minors over the age of eight but under the age of sixteen, or minors over the age of sixteen who are unable to rely on their own labor income as their main source of livelihood, without the consent of their legal representatives, implement rewards that are incompatible with their age, intelligence and mental health through the webcast platform. The legal representatives refuse to ratify and claim that the civil legal act is invalid, The people's court shall support those who request the webcast platform to return the reward.

The draft also made provisions on the property analysis disputes in the cohabitation relationship in which neither of the two parties has a spouse, the recognition of parents' contributions to their children's house purchase after marriage, and the civil liability for seizing and hiding minor children. The Supreme People's Court said that it would welcome valuable comments from all sectors of the society, and asked for specific reasons when making comments and suggestions. Written opinions can be sent to Zhang Lingruo, the First Civil Trial Division of the Supreme People's Court, No. 27, Dongjiaomin Lane, Dongcheng District, Beijing, 100745, e-mail zgfmytlaw@163.com

(Editor in charge: Ma Chang, Liang Qiuping)

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