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How to distinguish invalid marriage from revocable marriage

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How to distinguish invalid marriage from revocable marriage


        

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  • 2024-06-25 13:01:43

    (1) Different situations are stipulated
    There are four types of invalid marriage:
    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.
    There is only one case of revocable marriage, that is, if the marriage is coerced, the coerced party can apply to the marriage registration authority or the people's court for revoking the marriage. "Coercion" here means that the perpetrator threatens to cause losses to the life, health, reputation, property and other aspects of the other party or his close relatives.
    (2) Different marriage conditions lacking at marriage
    What the invalid marriage lacks is the substantive conditions of marriage that both parties to the marriage relationship should have when they register for marriage, that is, they violate the prohibition of marriage. What the revocable marriage lacks is the consent of the parties to the marriage to enter into a marriage relationship, that is, in violation of the "marriage must be completely voluntary by both men and women", both men and women or one party are coerced by the other or a third party to enter into a marriage, but both men and women meet the substantive requirements for marriage as stipulated in the Marriage Law of China when they enter into a marriage relationship.
    (3) Different claimants
    Subjects who have the right to apply to the people's court for annulment of a marriage registered in accordance with Article 10 of the Marriage Law, including the parties to the marriage and the interested parties. However, the only person who requests to revoke the marriage due to coercion can be the marriage party of the coerced party.

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