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What do invalid and revocable marriages have in common

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What do invalid and revocable marriages have in common


        

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  • 2024-05-21 23:01:35

    The common points of invalid marriage and revocable marriage include:

    1. The state organs that have the power to declare marriages invalid and revocable marriages are both marriage registration organs and people's courts.

    2. If the marriage is declared invalid or revoked, it is invalid from the date of registration, and neither party has the rights of husband and wife.

    3. The property acquired during cohabitation shall be disposed of through consultation by the parties concerned. If consultation fails, a judgment may be made in the people's court in accordance with the principle of caring for the innocent party.

    4. The provisions of the Marriage Law on the rights and obligations of parents and children shall apply to children born during cohabitation.

    5. The people's court does not apply mediation in the trial of these two types of cases, and should make a judgment according to law. Once the judgment is made, it will become legally effective, and neither party can appeal on the issue of marital validity.

    [Legal Basis]

    Article 10 of the Marriage Law states that marriage is invalid.

    Marriage is invalid under any of the following circumstances:

    (1) Bigamy;

    (2) Having relatives who are prohibited from marriage;

    (3) Having contracted a disease that is medically considered unfit for marriage before marriage and has not been cured after marriage;

    (4) Under the legal age of marriage. (The Marriage Law will expire on December 31, 2020)

    Article 1051 [Circumstances of invalid marriage] of the Civil Code is invalid under any of the following circumstances:

    (1) Bigamy;

    (2) Having kinship prohibited from marriage;

    (3) Under the legal age of marriage. (The Civil Code will come into force on January 1, 2021)

    G***

    2024-05-21 23:01:35

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