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03 06

结婚证的法律效力有哪些

  • 发布日期: 2019-03-06

我们知道,一般情况下,结婚证能够证明两人之间有婚姻关系,有夫妻之间的法定权利义务。结婚证,是婚姻登记管理机关签发的证明婚姻关系有效成立的法律文书。那么,结婚证的法律效力有哪些呢?下面找小编为您详细介绍。
 
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.
 
 
 
结婚证的法律效力有哪些呢?下面跟着找小编一起来了解一下吧。阅读完以下内容,一定会对您有所帮助的。
 
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.
 
 
 
一、结婚证的法律效力有哪些
 
I. What is the legal effect of marriage certificate?
 
 
 
按照现在的婚姻法,一般情况下,结婚证能够证明两人之间有婚姻关系,有夫妻之间的法定权利义务。但是,如果属于婚姻法上的无效婚姻和可撤销婚姻的情形(比如,隐瞒没有得到法定婚龄的事实,办理了结婚登记的;属于禁止结婚的亲属关系,欺骗婚姻登记机关而办理了结婚证的等等)虽然有结婚证,但婚姻是自始无效的,不会产生婚姻的效力,当事人之间也没有夫妻之间的法定权利与义务。
 
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.
 
 
 
结婚证的法律效力有哪些
 
What is the legal effect of marriage certificate?
 
 
 
根据《中华人民共和国婚姻法》第八条的规定:“结婚的男女必须亲自到婚姻登记机关进行结婚登记。符合本法规定的,予以登记,发给结婚证。取得结婚证,即确立夫妻关系。未办理结婚登记的,应当补办登记。”
 
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."
 
 
 
婚姻法要求婚姻双方当事人必须亲自到场属于结婚的程序性规定,是为保证当事人双方自愿缔结婚姻的实体条件服务的,也就是说当事人双方是否亲自到场并不重要,真正重要的是保证当事人的结婚合意的自愿!因当事人的是否自愿是其缔结婚姻时的主观心理状态,很难通过其他加以证明,所以婚姻法将其以“必须”的字眼加以强调。但是,对于一方或双方未亲自到场的情形,应该区分双方当事人的结婚合意的是否自愿而有不同:
 
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)双方当事人有结婚登记的共同意愿,或共同实施欺骗行为或一方实施欺骗行为而另一方认可(即结 婚合意的意思表示真实自由),除婚姻无效情形(婚姻法第十条规定)外,应认可其婚姻的效力。
 
(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)婚姻登记为一方当事人利用关系取得,另一方在其登记时因被胁迫结婚的,婚姻法第十一条规定:“因胁迫结婚的,受胁迫的一方可以向婚姻登记机关或人民法院请求撤销该婚姻。受胁迫的一方撤销婚姻的请求,应当自结婚登记之日起一年内提出。被非法限制人身自由的当事人请求撤销婚姻的,应当自恢复人身自由之日起1年内提出。”另外,根据最高人民法院关于适用《中华人民共和国婚姻法》若干问题的解释(一)第十二条规定:“婚姻法第十一条规定的“一年”,不适用诉讼时效中止、中断或者延长的规定。”
 
(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)双方当事人均非自愿的情形,如单方或双方父母瞒着子女为其办理的婚姻登记,其法律效果应当亦如上面第二种情形,赋予男女双方以撤消权。盖因就结婚登记这一法律行为而言,当事人意思表示不真实,应与意思表示不自由之法律效果相同。
 
(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.
 
 
 
出现下列情形之一的,结婚证不具有法律效力:
 
If one of the following circumstances occurs, the marriage certificate has no legal effect:
 
 
 
1、重婚;
 
1. Bigamy;
 
 
 
2、未达到法定结婚年龄的;
 
2. Not reaching the legal age for marriage;
 
 
 
3、有禁止结婚的亲属关系的,即近亲结婚;
 
3. If relatives are prohibited from marrying, that is, close relatives are married.
 
 
 
4、婚前患有医学上认为不应当结婚的疾病,婚后尚未治愈的。
 
4. Premarital illness which is considered unjustifiable by medicine and which has not been cured after marriage.
 
 
 
二、结婚证的领取条件
 
2. Conditions for obtaining a marriage certificate
 
 
 
我国的《婚姻法》倡导婚姻自由,按理来说每个人都具有结婚的权利,其实不然,按照我国的法律规,至少以下几种人不具备结婚的条件:
 
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:
 
 
 
(一)已经与第三者有婚姻关系,而且这种婚姻关系没有中止的人。这种人结婚也就犯了通常所说的重婚罪。
 
(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.
 
 
 
(二)低于结婚年龄以下者:男性早于二十二周岁,女性早于二十周岁。
 
(2) Those below the age of marriage: males are earlier than 22 years old and females are earlier than 20 years old.
 
 
 
(三)患有不应结婚的生理缺陷。患麻风病未经治愈或患其他在医学上认为不应当结婚的疾病者,禁止结婚。
 
(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.
 
 
 
(四)和自己有着直系血亲和三代以内的旁系血亲关系的亲人结婚,也是不允许的,也就是平时说的近亲结婚。这违反我国提倡的优生学原则。
 
(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.
 
 
 
(五)对于丧失性行为能力的人倒不是说不能结婚,但必须事先要与对方讲明。如果隐瞒这一情况,与对方结婚,婚后因此导致夫妻感情破裂的,一方要求离婚,应当准予离婚。
 
(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.


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