What age does the Civil Code stipulate that a marriage can be registered? What are the other statuto

This article is based on a real case, involves privacy, and the parties are pseudonyms;

Reference: Civil Code of the People's Republic of China

In terms of age, the law stipulates that the man should marry no earlier than 22 years old and the woman no earlier than 20 years old. To be clear, this is the minimum age to meet the conditions for marriage and is neither fixed nor optimal. When the bottom line of marriage age is reached, the civil affairs department will register the marriage of the two and establish a legal marriage relationship.

In ancient Chinese history, there was the concept of early marriage between men and women, for example, during the Song, Ming and Qing dynasties, men could marry when they reached the age of 16 and women when they reached the age of 14. But in fact, at this moment, both men and women are in the stage of physical development, and their mental development is not comprehensive, and the premature age of marriage is not conducive to the healthy growth of body and mind. In modern times, in addition to physical development, more time is needed to learn knowledge and enrich one's own ability, so China revised the marriage law in 1980 and adjusted the marriage age again, so that the marriage age is more in line with the law of natural growth.

In terms of blood relations, China's law prohibits marriage between direct blood relatives or collateral blood relatives within three generations. Marriage between close relatives has always been a topic of moral avoidance, which does not meet the requirements of the general values of society. This abnormal emotional relationship will lead to an increase in genetic risk, increase the probability of death of newborns, and even if the child is born safely, it is very likely that it will be defective and adversely affected in intelligence and body. In order to maintain the stable development of society, the law cannot recognize or support the existence of deformed feelings, nor will it give them the recognition of legal conjugal relationship.

In addition to the above conditions,The union between the two parties shall be voluntary, and interference and coercion by either party, other organizations, or individuals shall be prohibited. Marriage is not child's play, as the saying goes, "the twisted melon is not sweet", the two parties are about to face decades of common life after marriage, spontaneous and voluntary, the combination of the two loves is the foundation of maintaining the marriage relationship, and it is also the embodiment of China's respect for human rights and respect for people's free choice.

Article 257 of the Criminal Law of the People's Republic of China provides:Those who violently interfere with the freedom of marriage of others are to be sentenced to up to two years imprisonment or short-term detention. Where the crime in the preceding paragraph is committed, causing the death of the victim, a sentence of between two and seven years imprisonment is to be given. Forcibly interfering with another person's marriage will not only not be supported by the law, but will even involve a criminal offense and face prison time.

After all conditions are met, the man and the woman shall register in person at the local marriage registration office. After submitting the corresponding materials and supporting documents, the staff of the agency will review the materials and ask both parties about the corresponding information. Those who meet the requirements for marriage will be registered on the spot, and those who do not meet the conditions for marriage will also explain the reasons to the parties.

It is worth noting that the Civil Code also provides for the circumstances in which a marriage is void and voidable. Article 1051 of itIn any of the following circumstances, the marriage shall be invalid: (1) bigamy; (b).have a family relationship that prohibits marriage; (3) They have not reached the legal age for marriage. At the same time,If the marriage is forced by coercion, or if one of the parties suffers from a serious illness and does not truthfully inform the marriage before the marriage is registered, the coerced party and the party who conceals it may apply to the court for annulment of the marriage.

Marriage is based on voluntariness, and trust is needed to maintain the stability of a marriage. When one party marries another person through deliberate concealment and malicious coercion, it is unfair to the other party, and the other party has the right to make a new decision on whether to continue living.

Invalid marriages and annulled marriages have no legal effect from the beginning, and the parties do not have the rights and obligations of husband and wife. At the same time, the innocent party has the right to claim compensation for the damages.

Popularize the law by case

Mr. Chen is 23 years old this year, and by chance, he and 17-year-old Xiaoli have a mutual affection. After establishing a relationship, Mr. Chen hoped that Xiaoli could return to his hometown to complete the wedding, but Xiaoli's parents objected. However, Xiaoli, who was addicted to love, did not listen to her parents' advice and insisted on being with Mr. Chen. Because she did not reach the legal age for marriage, Xiaoli did not apply for a marriage certificate with Mr. Chen, but chose to hold a wedding directly and live together in the name of husband and wife.

A year later, Xiaoli gave birth to a child, and in cohabitation, the relationship between her and Mr. Chen was no longer what it used to be, and the conflict surged. After a quarrel, Mr. Chen plans to take Xiaoli to the river to relax and repair his relationship. Unexpectedly, in the process of chatting, the two had an argument again. Mr. Chan turned around in a fit of rage and left, and when he was halfway there, his feet slipped and fell into the river. Because he couldn't swim, Mr. Chen immediately called for help from Xiaoli, who had the ability to help. However, Xiaoli, who was angry, ignored Mr. Chen's plea for help and watched him be flooded with cold eyes.

By the time ambulance arrived, Mr. Chan had already drowned. Chen's mother believed that Xiaoli and Mr. Chen belonged to a husband and wife relationship and had an obligation to help, but she looked on coldly, which was inaction and fault, and should be held responsible for Mr. Chen's death.

In this case, Xiaoli and Mr. Chen had a wedding at the age of 17, which was only a "marriage" in terms of customs and concepts, and not a legal husband and wife relationship recognized by law. In fact, the "marriage" relationship established before Xiaoli reached the legal age of marriage belongsNull and void marriagescategory. This type of marriage is not legally binding from the beginning, and the parties are in a cohabitation relationship and do not have the obligations of husband and wife. From a legal point of view, Mr. Chen's drowning was caused by personal negligence, and there was no causal relationship between Mr. Chen's actions and Xiaoli's actions, and Xiaoli should not bear the corresponding responsibility.

Conclusion

Compared with ancient marriages, the current domestic marriages are more autonomous and free, and at the same time, they are more scientific and standardized. We should voluntarily choose the right person to conclude a lifetime within the scope of the law, and consciously abide by the corresponding regulations.

What age does the Civil Code stipulate that a marriage can be registered? What are the other statutory conditions? The case in the article is derived from the news report judgment document, and the parties are pseudonyms; **All (partial) are network diagrams, which have nothing to do with the case; Original article, please do not plagiarize.