q1
Legal consequences of one party violating the joint property of the husband and wife
Article 1092 of the Civil Code is a provision on the legal consequences of a party's infringement of the joint property of the husband and wife. This article deletes the provision in article 47 of the original Marriage Law that stipulates that "at the time of divorce" is the premise, and when dividing the joint property, the party who disposes of the joint property without authorization or forges debts and encroaches on the property of the other party may receive a small or no share when dividing the joint propertyIn addition, this article adopts an enumerative provision, that is, it can only be applied when the joint property of the husband and wife is concealed, transferred, sold, damaged or squandered, or the joint debts of the husband and wife are forged in an attempt to encroach on the property of the other party.
q2
Relevant provisions on the circumstances of annulment of marriage
Article 1051 of the Civil Code deals with the circumstances in which a marriage is invalid. The issue of the validity of marriage is not only related to the vital interests of the parties to the marriage, but also to the public interest of their close relatives and the society as a whole. This compilation retains the reasons for the invalidity of marriages in the 2001 Marriage Law on "bigamy, relatives who are prohibited from marriage, and those who have not reached the legal age for marriage", and deletes the provisions on the invalidity of marriages that "suffer from diseases that are medically considered unsuitable for marriage before marriage, and have not yet been married after marriage".
q3
Provisions on voidable marriages entered into under duress
The Civil Code adds the types of voidable marriages. There are two reasons: one is that the marriage was made under duress;Second, one party suffers from a major illness before marriage and fails to truthfully inform it. Article 1052 of the Civil Code deals with voidable marriages under duress. This article improves and amends the starting point of the period for exercising the right of revocation as stipulated in article 11 of the Marriage Law of 2001, which no longer takes the date of registration of the marriage as the starting point, but provides that the coerced party may file a request for annulment of the marriage within one year from the date of termination of the coercive act;At the same time, Article 1052 of the Civil Code amends the organ that can annul marriage, so that the coerced party can only file a complaint with the people's court to request the people's court to annul the marriage, and can no longer apply to the marriage registration authority for annulment of the marriage.
q4
About concealing a major illnessVoidable marriageof
Provisions
Article 1053 of the Civil Code is a provision on voidable marriages for concealment of a serious illness. Although this article is a new provision, it is essentially an evolution of the provisions of the 2001 Marriage Law on the grounds for invalidity of marriage. Article 7 of the original Marriage Law stipulates that "a person who suffers from a disease that is medically considered unsuitable for marriage before marriage and fails to do so after marriage" is a cause for the invalidity of marriage, and the Civil Code has compiled and deleted this provision, and suffering from a disease that is medically considered unsuitable for marriage is no longer a cause for the invalidity of marriage, but considering that if one party has suffered from a major illness before marriage, it has a significant impact on whether the other party is willing to marry, so this article adds a provision that one of the husband and wife is responsible for "premarital notification of major illness" If the obligation is not truthfully informed, the other party has the right to request the annulment of the marriage on this ground.
q5
Provisions relating to the rights of children born out of wedlock
Article 1071 of the Civil Code deals with the rights of children born out of wedlock. Since an illegitimate child is also related to his or her parents, the child should not bear the adverse consequences of parental reasons, so an illegitimate child enjoys the same legal status as a legitimate child, and the same applies to illegitimate children. Article 25 of the Marriage Law of 2001 has not been substantively changed, but has only been improved in terms of wording.
q6
Provisions on the obligation of husband and wife to support each other
Article 1059 of the Civil Code regulates the obligation of husband and wife to support each other. The obligation of maintenance between husband and wife is an important part of the right to status as spouses, and it is a legal obligation between husband and wife, and the party in need of support has the right to demand maintenance when the other party fails to fulfill the maintenance obligation. This article is derived from article 20 of the Marriage Act 2001 and has only been adjusted in terms of text. In particular, the word "mutual" in paragraph 1 was replaced by "mutual", and the word "pay" in paragraph 2 was replaced by "pay" in order to make the wording more precise. At the same time, the phrase "the party in need of support" in paragraph 2 has been brought forward to further highlight that the premise of the application of this paragraph is that one of the spouses is in need of support.
q7
Regarding the request for increased child support after divorce
Provisions
Article 1085 of the Civil Code regulates the burden of child support after divorce between husband and wife. The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, parents still have the right and duty to raise, educate and protect their children. The party who does not directly raise the child after the divorce shall bear part or all of the child support, and the child has the right to request an increase in the amount of child support if necessary. On the basis of article 37 of the Marriage Act 2001, this article clarifies "children raised by one party" as "children directly raised by one party", and replaces "part or all of the necessary living and education expenses" with "partial or full maintenance expenses".
q8
Provisions on the obligation to support grandchildren and grandchildren
Grandparents and grandchildren are lineal blood relatives of the next generation, and a relationship of custody and support may be formed between them if the conditions prescribed by law are met. Based on the consideration of various factors such as historical traditions, kinship feelings, folk Xi, and the reality of some "defective families" and the level of social security, in order to fully guarantee the basic life of minors and the elderly, supporting the elderly and raising children is not only a fine tradition that the Chinese nation needs to carry forward, but also a legal obligation between grandchildren and grandchildren under specific circumstances.
q9
Provisions on compensation for housework in divorce
Article 1088 of the Civil Code is amended on the basis of Article 40 of the original Marriage Law, abolishing the provision that economic compensation for divorce is only applicable under the agreed property system, and expanding the scope of economic compensation to apply equally to the statutory property system and the agreed property system. The specific method of compensation has been added: "by agreement between the parties;If an agreement fails, the people's court shall make a judgment", giving priority to the parties' own consultation and decision, and implementing the principle of autonomy of will in the field of private affairs.
q10
Relevant provisions on the validity of marital property agreements
Article 1065 of the Civil Code is a provision on the property regime agreed upon by husband and wife. The agreement between husband and wife on property relations is a civil juristic act of both parties, which must not only meet the general requirements of civil juristic acts, but also comply with the relevant provisions of marriage and family. Compared with the statutory property system, the contractual property system is more flexible and more suitable for complex and diverse social life. This article follows the content of Article 19 of the original Marriage Law, and only amends some of the wordings.
q11
Provisions on the obligation to support adult children
Article 1067, paragraph 2, of the Civil Code regulates the obligation of adult children to support their parents. Paragraph 2 of Article 1067 is adjusted from Article 21, Paragraph 3 of the original Marriage Law to "children" to "adult children", and the subject of requests for alimony from "parents who are unable to work or have difficulties in living" to "parents who lack the ability to work or have difficulties in living" is adjusted to "parents who lack the ability to work or have difficulties in living". The content of this article is based on Article 26 of the Civil Code, and the obligation of maintenance and maintenance stipulated in Article 26 is implemented.
q12
Relevant provisions on the determination of joint debts of husband and wife
Article 1064 of the Civil Code is a new provision on the joint debts of husband and wife, and its content is amended from Articles 1, 2 and 3 of the Interpretation of the Supreme People's Court on Issues Concerning the Application of Law in the Trial of Cases Involving Disputes over Debts between Husband and Wife. In terms of content, the basic principle of "joint debt and joint signature" has been established, and it has been further clarified that the debts incurred for the daily needs of the family are the joint debts of the husband and wife. At the same time, it is clarified that if the creditor claims that the debts incurred by one of the husband and wife in his or her own name during the existence of the marital relationship exceed the daily needs of the family, the creditor shall provide evidence to prove that the debts are used for the husband and wife's common life, joint production and operation, or based on the common intention of the husband and wife. The content of this article is a major highlight of the marriage and family section of the Civil Code.
q13
Provisions on the obligation of support between siblings
Compared with Article 29 of the original Marriage Law, Article 1075 of the Civil Code on the obligation to support brothers and sisters has not changed substantively, except that the obligation of a brother or sister to support a brother or sister, and the obligation of a brother or sister to support a brother or sister are divided into two separate paragraphs.
q14
Provisions on the suspension of visitation rights
Paragraph 3 of Article 1086 of the Civil Code provides for the suspension of visitation rights, that is, when a situation occurs that is "not conducive to the physical and mental health of the child", the people's court shall suspend the visitation in accordance with the law. In article 38 of the original Marriage Law, this provision reads: "If it is detrimental to the physical and mental health of the child, the people's court shall suspend the right to visit in accordance with law."The right to visit shall be restored after the reason for the suspension disappears", and the word "right" has been deleted in this article to avoid misunderstanding that it is the right to visit itself that has been suspended.
q15
Relevant provisions on the inheritance rights of widowed daughters-in-law and sons-in-law
Daughters-in-law and sons-in-law are not the legal heirs of their in-laws or parents-in-law, and generally do not enjoy the right of inheritance, that is to say, in principle, daughters-in-law cannot inherit the estate of their in-laws, and sons-in-law cannot inherit the estate of their parents-in-law.
q16
Provisions on fetal reserves
Article 1155 of the Civil Code is a provision on the reserved portion of the fetus, which is amended on the basis of Article 28 of the original Inheritance Law, and amends "when the fetus is born" to "when the fetus is delivered", which is consistent with the expression of Article 16 of the Civil Code, and is also more precise and standardized. When dividing the estate, whether it is legal inheritance or testamentary succession, the share that should be inherited should be reserved for the fetus, so as to strengthen the protection of the rights and interests of the fetus. At the same time, it is stipulated that if the fetus is dead at the time of delivery, the reserved share shall be handled in accordance with the legal inheritance.
q17
Relevant provisions on audio and video wills
Article 1137 of the Civil Code is amended on the basis of paragraph 4 of Article 17 of the original Inheritance Law, adding a video will and clearly stipulating the formal requirements of an audio and video will. This is the embodiment of the development trend of the Civil Code in today's society, where smartphones, tablets, and even smart watches, smart glasses and other devices have their own powerful shooting functions, and the parties can freely record the image of the decedent's will by using the above-mentioned equipment. With the popularization of network technology and the development of electronic data information, audio and video wills will become a very important form of will.
q18
On the issue of the attribution of uninherited estate
Article 1160 of the Civil Code is a relevant provision on the ownership of uninherited property, which is amended on the basis of Article 32 of the original Inheritance Law, and adds "for public welfare", which clearly limits the use of ownerless inheritance owned by the state to ensure that the inheritance is used to the fullest. This is also in line with the national fertility policy and the change of people's fertility concept, there are more and more one-child families and Dink families, the aging of the population is deepening, the elderly and the elderly who are lonely and widowed are increasingly becoming a special group, and the probability of no inheritance is greatly increased.
q19
Regarding the settlement of taxes and debts of the decedent
Provisions
Article 1161 of the Civil Code is amended on the basis of Article 33 of the original Inheritance Law, and the wording is more concise and meaningful. Specifically, it stipulates that taxes are "payable in accordance with the law", emphasizing the mandatory and serious nature of taxes"Repayment within the limit of the actual value of the inheritance" emphasizes that the amount of inheritance is paid off as much as the actual inheritance, and if the heir renounces the inheritance, he can not be liable for the taxes and debts that the decedent should pay according to law, which is in line with the principle of consistency of rights and obligations. At the same time, it is stipulated that the taxes and debts payable by the decedent in accordance with the law "exceed the actual value of the estate, and the heirs voluntarily repay them".
*: Shandong High Law WeChat*** Faxin, Judicial Case Research Institute of the Supreme People's Court, China Law Popularization.
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