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How to determine the legal effect of arranged marriage

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How to determine the legal effect of arranged marriage


        

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  • 2024-06-26 04:01:43

    (1) Concept. Arranged marriage means that a third party (including parents) violates the principle of freedom of marriage and forces others to marry. Some parents interfere in their children's marriage, which is a manifestation of feudal paternalism and a serious violation of their children's personal rights (especially the right of marriage autonomy).
    (2) The legal effect of arranged marriage. Article 3 of the Marriage Law clearly stipulates that arranged marriage is prohibited. Article 5 of the Marriage Law further stipulates that "marriage must be completely voluntary between men and women, and neither party is allowed to force the other or any third party to interfere." Arranged marriage deviates from the principle of freedom of marriage and marriage conditions in the Marriage Law of China, and is a revocable marriage from the legal level. According to Article 11 of the Marriage Law, the coerced party to an arranged marriage can apply to the marriage registration authority and 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.
    (3) The legal effect of marriage by exchange. Due to the backwardness of political, economic, cultural and legal construction, in some places of our country, mainly in rural areas, the phenomenon of parents' hosting and arranged exchange of parents still exists. However, in recent years, the exchange marriage has a different situation from that in the past. It can not be treated as the same as the exchange marriage in the old society. It should be treated differently according to the specific situation. If the parents preside over the exchange marriage, the parties to the marriage have had contact with each other and have received the marriage certificate from the marriage registration authority, it should be regarded as a marriage with legal effect; If the parents change their parents at their sole discretion, and the parties fail to perform the marriage registration procedures, that is, live together in a conjugal relationship, the marriage shall be deemed invalid.

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