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Whether one party of the de facto marriage has the right of inheritance

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Whether one party of the de facto marriage has the right of inheritance


        

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  • 2024-06-22 04:01:42

    [Legal Opinion]
    If both men and women had met the substantive requirements of marriage before February 1, 1994, they would be treated as de facto marriages, that is, if one of the men and women died, the other party could inherit their inheritance as a spouse. The relationship formed after 94 years belongs to cohabitation, and the man has registered marriage with others. The woman during cohabitation does not enjoy the right of inheritance, but the child enjoys the right of inheritance.
    [Legal Basis]
    According to the interpretation of the Supreme People's Court on some issues concerning the application of the Marriage Law of the People's Republic of China (Fa Shi [2001] No. 30):
    Article 5 Men and women who live together in the name of husband and wife without going through marriage registration in accordance with the provisions of Article 8 of the Marriage Law shall be treated differently if they file a lawsuit to the people's court for divorce:
    Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, if both men and women have met the substantive requirements of marriage, they shall be treated as de facto marriages;
    After the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, if both men and women meet the substantive requirements of marriage, the people's court shall inform them to apply for marriage registration before accepting the case; If the marriage registration is not completed, it shall be treated as the dissolution of cohabitation relationship.
    Article 6 If a man or woman who does not go through marriage registration in accordance with Article 8 of the Marriage Law but lives together in the name of husband and wife, and one party dies, the other party claims the right of inheritance as a spouse, the principle of Article 5 of this interpretation shall apply.
    According to Article 13 of the Opinions of the Supreme People's Court on the People's Court's Trial of Living Together in the Name of Husband and Wife without Marriage Registration (November 1, 1989), "If one party dies during the cohabitation, the other party requests to inherit the deceased's estate. If it is recognized as a de facto marriage relationship, the spouse status can be handled according to the relevant provisions of the inheritance law."
    In other words, if it can constitute a de facto marriage, both men and women have the right of inheritance, and they are the first heirs to each other as the other's spouse.

    Pan***

    2024-06-22 04:01:42

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