No, a recent incident in Ankang, Shaanxi Province has aroused widespread concern. Here's the thing: Aunt Li and Uncle Zhang got married at 198 1 In the long-term relationship after marriage, Uncle Zhang often speaks ill of Aunt Li, which makes Aunt Li unbearable. Considering that all the children are married now, I don't want to live with Uncle Zhang any more. Therefore, Aunt Li sued Ziyang Court in June 5438 +2022 10, asking the court to rule that her marriage with Uncle Zhang was invalid.
In the end, the Ziyang County People's Court held that "Aunt Li's father and Uncle Zhang's mother are brother and sister, so Aunt Li and Uncle Zhang are cousins, and Aunt Li and Uncle Zhang registered to get married, which violated the law". In June 5438 of the same year+10, Ziyang court ruled that the marriage between Aunt Li and Uncle Zhang was invalid.
Such a plot can be said that TV dramas dare not act like this, but the reality has really happened. So under what circumstances will a marriage be judged as "invalid marriage"?
According to the provisions of Article 10 of the Marriage Law, a marriage is invalid under any of the following circumstances:
( 1)? Bigamy;
(2) Having a kinship that prohibits marriage;
(three) suffering from diseases that are medically considered unsuitable for marriage before marriage and are not cured after marriage;
(four) under the legal age of marriage.
The first kind, bigamy, is easy to understand, that is, people who already have spouses conceal their marital status, and although they have not registered marriage with others, they register marriage with others or live together in the name of husband and wife. Whether it is legal bigamy or de facto bigamy, the judgment on marriage relationship is invalid.
Second, it's like saying that Aunt Li and Uncle Zhang in the above story are married, but their marriage is invalid. Relatives who are forbidden to get married generally refer to lineal blood relatives and collateral blood relatives within three generations. Aunt Li and Uncle Zhang are cousins, that is, collateral blood relatives within three generations, so they do not conform to the provisions of the Marriage Law.
There are two main reasons for this rule: "One is the consideration of eugenics, and relatives who are too close are easy to pass on their physical and mental diseases to the next generation. The second is ethical requirements. Marriage of relatives who are too close in blood relationship is likely to lead to disorder of kinship and inheritance. "
Article 3. Before marriage, he suffered from a disease that was medically considered unsuitable for marriage and was not cured after marriage. Simply put, it is not recommended to get married because one of the married parties suffers from mental illness or major incurable infectious diseases or genetic diseases. This requirement is also for the sake of prenatal and postnatal care and the cultivation of a healthier younger generation.
Fourth, before the legal age of marriage, China's civil code stipulates that men may not get married before the age of 22, and women may not get married before the age of 20. "Marriage under legal age" means that one or both men and women are under legal age and live together in the name of husband and wife.
The judgment of invalid marriage is basically the above four situations. Therefore, when choosing to get married, we should still do it according to the actual situation, so as not to damage our personal rights or vital interests in the future.