Marriage is legally called marriage establishment.It refers to the civil legal act that both spouses establish the spouse relationship according to the conditions and procedures stipulated by law, and assume the rights, obligations and other responsibilities arising therefrom.To form a marriage in the legal sense, several conditions need to be met.First, marriage must be completely voluntary, and neither party is allowed to force the other or any third party to interfere.The second is to reach the legal age for marriage, which shall not be earlier than 22 for men and 20 for women.While meeting the above positive conditions, marriage should also exclude the following negative conditions.Article 1048 of China's Civil Code clearly stipulates that marriage is prohibited: "marriage is prohibited for direct relatives by blood or collateral relatives by blood within three generations".
Our country implements the marriage registration system, which requires both men and women who get married to apply for marriage registration in person at the marriage registration office.If it conforms to the provisions of the Civil Code, it shall be registered and issued a marriage certificate.The marriage relationship is established when the marriage registration is completed.If no marriage registration is handled, it shall be re registered.After the marriage registration is completed, according to the agreement of both men and women, both men and women are family members, that is, the woman can become a member of the man's family, and the man can become a member of the woman's family.Of course, both men and women who want to register for marriage should bear the obligation of truthful disclosure of serious diseases. Article 1053 of the Civil Code of China stipulates: "If one party suffers from serious diseases, it should truthfully notify the other party before marriage registration; if it does not, the other party can request the people's court to revoke the marriage.A request for the dissolution of a marriage shall be made within one year from the date when the person knows or should have known the cause for the dissolution. "
The cases of invalid marriage stipulated in the Civil Code include: 1. bigamy;2. Having kinship prohibited from marriage;3. Under the legal age of marriage.At the same time, if a marriage is made under duress, the coerced party may request the people's court to revoke the marriage.An invalid or dissolved marriage is not legally binding from the beginning, and the parties have no rights and obligations of husband and wife.The property acquired during the period of cohabitation shall be disposed of by the parties through agreement;If the agreement fails, the people's court shall make a judgment in accordance with the principle of caring for the innocent party.The property disposal of invalid marriage caused by bigamy shall not infringe upon the property rights and interests of the parties to the lawful marriage.The provisions of the Civil Code on parents and children shall apply to the children born to the parties concerned.If the marriage is invalid or dissolved, the innocent party has the right to claim damages.
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