Marriage and Family - Entry into Marriage
(Selected from The Civil Code of the Peple's Republic of China authored by Li Heng & Zhang Jiaqi)
Chapter II Entry into Marriage
Article 1046 A man and a woman may enter into a marriage of their free will. Neither may coerce the other to enter into a marriage, and free marriage shall not be interfered with by any entity or individual.
Article 1047 A man who has attained to the age of 22 years and a woman who has attained to the age of 20 years may enter into a marriage.
Article 1048 Marriage between lineal blood relatives or between collateral blood relatives within three generations shall be prohibited.
Article 1049 A man and a woman intending to enter into a marriage shall appear in person before the competent marriage registration authority to apply for marriage registration. The marriage shall be registered, and a marriage certificate shall be issued to each of the spouses if the marriage is in compliance with the applicable provisions of this Code. The marital relationship shall be created upon the completion of their marriage registration. A man and a woman who are married to each other without marriage registration shall have their marriage registered subsequently.
Article 1050 After marriage registration, either spouse may become a member of the other spouse's family as agreed between them.
Article 1051 A marriage between a man and a woman shall be invalid if:
(1) the marriage is bigamous;
(2) the man and the woman are prohibited from entering into a marriage due to their kinship; or
(3) ethe man or the woman is under the legal age for entering into a marriage.
Article 1052 In case of a forced marriage, the forced party may file a petition with the people's court to revoke their marriage.
A petition to revoke a forced marriage shall be filed within one year of the date of the termination of the force.
A party to a forced marriage whose personal freedom is restricted may file a petition to revoke their marriage within one year of the date of regaining freedom.
Article 1053 The man or the woman who suffers from a major disease shall inform the other of the same truthfully before the registration of their marriage, failing which the other party may file a petition with the people's court to revoke their marriage.
A petition to revoke a marriage shall be filed within one year of the date on which the petitioner knows or has reason to know the cause for revocation.
Article 1054 An invalid or a revoked marriage shall not be legally binding ab initio, and neither the man nor the woman shall have any right or be under any obligation as husband or wife. Their property obtained during their cohabitation shall be disposed of as agreed or as decided by the people's court in favor of the innocent spouse in case of their failure to reach an agreement. The disposal of the property in case of an invalid marriage due to bigamy shall not result in damage to the property rights or interests of the parties to a legal marriage. For children born out of invalid or revoked marriages, the provisions of this Code governing the relationship between parents and children shall apply.
In case of an invalid or a revoked marriage, the innocent spouse shall be entitled to claim damages from the other spouse.
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