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What does invalid marriage and revocable marriage include

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What does invalid marriage and revocable marriage include


        

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  • 2024-06-23 14:00:48

    After the invalid marriage and revocable marriage are declared invalid, the marriage will never take effect. The two look very similar, but there are still differences, so what are the differences between them?
    Invalid marriage, also known as invalid marriage, refers to a system that does not legally have the effect of marriage due to the combination of men and women who do not have the substantive or formal requirements of legal marriage. Marriage without legal effect due to lack of legal requirements for the establishment of marriage.
    A revocable marriage refers to a marriage under duress. The coerced party or the party whose personal freedom is illegally restricted may request the marriage registration authority or the people's court to revoke the marriage.
    The differences between the two are as follows:
    First, the causes are different. Invalid marriage is a marriage formed because it does not meet the substantive requirements of marriage and violates the prohibitive conditions of marriage. Revocable marriage only refers to the marriage formed involuntarily by the parties to the marriage who lack the elements of marriage agreement.
    Second, the claimants are different. The claimant of revocable marriage can only be the party concerned, and the claimant of invalid marriage shall be exercised by the party concerned and interested parties.
    Third, the duration of the claim is different. An invalid marriage may be declared invalid at any time before the reasons for its invalidity are eliminated, while a revocable marriage must be revoked within one year after the marriage registration. If the personal freedom of the party concerned is illegally restricted, it shall be submitted within one year from the date when the personal freedom is restored. If the legal time limit is exceeded, the party's right to request the dissolution of marriage shall be extinguished, and no further request for the dissolution of marriage shall be submitted.
    Article 10 [Invalid Marriage] of the Marriage Law of the People's Republic of China 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.
    Article 11 of the Marriage Law of the People's Republic of China [Marriage under duress] If a marriage is made under duress, the coerced party may request the marriage registration authority or the people's court to revoke the marriage. The coerced party shall make a request to annul the marriage within one year from the date of marriage registration. If a party whose personal freedom is illegally restricted requests the dissolution of his marriage, he shall do so within one year from the date when his personal freedom is restored.

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    2024-06-23 14:00:48

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