We know that in general, marriage certificates can prove that there is a marriage relationship between two people and that there are legal rights and obligations between husband and wife. Marriage certificate is a legal document issued by the marriage registration authority to prove the validity of marriage relationship. So, what is the legal effect of marriage certificate? Next, find Xiaobian for your detailed introduction.
What is the legal effect of marriage certificate? Next, let's get to know it with Xiaobian. Reading the following will certainly be helpful to you.
I. What is the legal effect of marriage certificate?
According to the present marriage law, in general, marriage certificates can prove that there is a marriage relationship between two people and that there are legal rights and obligations between husband and wife. However, if the circumstances of invalid marriage and revocable marriage belong to the marriage law (for example, concealing the fact that the legal age of marriage has not been obtained, the marriage registration has been carried out; the relatives that belong to the prohibition of marriage, the marriage registration authority has been cheated and the marriage certificate has been processed, etc.), although there is a marriage certificate, the marriage is invalid spontaneously, and it will not produce the effect of marriage, and also between the parties. There are no legal rights and obligations between husband and wife.
What is the legal effect of marriage certificate?
According to Article 8 of the Marriage Law of the People's Republic of China, "Married men and women must register in person with the marriage registration authority. If it meets the requirements of this Law, it shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate means establishing the relationship between husband and wife. If the marriage registration is not carried out, the registration shall be made up."
Marriage law requires that both parties in marriage must be present in person, which belongs to the procedural provisions of marriage. It serves to ensure the substantive conditions for the parties to enter into marriage voluntarily. That is to say, whether the parties are present in person is not important. What is really important is to ensure the parties'willingness to marry. Because it is difficult to prove whether the parties are willing or not when they enter into marriage by other means, the marriage law emphasizes it with the word "must". However, in cases where one or both parties are not present in person, it should be distinguished whether the marriage agreement of the two parties is voluntary or not.
(1) The validity of marriage shall be recognized except in the case of invalidity of marriage (stipulated in Article 10 of the Marriage Law), when both parties have the common intention of marriage registration, or when one party commits deception or the other party commits deception and the other party approves (i.e., the meaning of marriage agreement expresses true freedom).
(2) Marriage registration is acquired by one party through the use of the relationship, while the other party is coerced to marry at the time of registration. Article 11 of the Marriage Law stipulates that: "If the coerced party is coerced to marry, the coerced party may request the marriage registration authority or the people's court to cancel the marriage. A coerced party's request for annulment of marriage shall be made within one year from the date of registration of marriage. If a party who is illegally restricted in personal freedom requests the cancellation of marriage, it shall submit the request within one year from the date of restoration of personal freedom." In addition, according to the interpretation of the Supreme People's Court on the application of the Marriage Law of the People's Republic of China (1) Article 12 stipulates that "one year" stipulated in Article 11 of the Marriage Law shall not apply to the suspension, interruption or extension of the limitation of action."
(3) If both parties are involuntary, the legal effect of unilateral or bilateral parents concealing the registration of their children's marriage should be the same as in the second case above, giving both men and women the right of revocation. As far as the legal act of marriage registration is concerned, the party's expression of intention is not true, and it should have the same legal effect as the expression of intention is not free.
If one of the following circumstances occurs, the marriage certificate has no legal effect:
2. Not reaching the legal age for marriage;
3. If relatives are prohibited from marrying, that is, close relatives are married.
4. Premarital illness which is considered unjustifiable by medicine and which has not been cured after marriage.
2. Conditions for obtaining a marriage certificate
China's Marriage Law advocates freedom of marriage. Everyone has the right to marry. In fact, according to our law, at least the following people do not have the conditions for marriage:
(1) a person who has already been married to a third party and whose marriage has not been suspended. Such a person who marries commits what is commonly called bigamy.
(2) Those below the age of marriage: males are earlier than 22 years old and females are earlier than 20 years old.
(3) suffering from physical defects that should not be married. Marriage is prohibited for those who have not been cured of leprosy or suffer from other diseases that are considered unfit to marry in medicine.
(4) Marriage with one's own lineal blood relatives and those with lineal blood relatives within three generations is also not allowed, that is to say, in-laws marriage. This violates the eugenics principle advocated by our country.
(5) For those who are incapacitated to have sex, it is not impossible to marry, but they must be explained to each other beforehand. If the situation is concealed and the marriage with the other party results in the breakdown of the couple's feelings after marriage, one party requests a divorce and shall be granted a divorce.