The two circumstances prohibiting marriage as set out in the Marriage Act and the relevant bilingual

Mondo Social Updated on 2024-02-01

Marriage must be entered into free and complete free will without coercion by either party or interference by any third party. The age of marriage shall not be earlier than 22 years for men and 20 years old for women. Late marriage and childbearing should be encouraged.

Marriage is prohibited under any of the following circumstances:

1) Immediate blood relatives and collateral blood relatives within three generations;

1)if the man and the woman are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship; and

2) Suffering from a medical illness that is medically deemed unfit for marriage.

2)if the man or the woman is suffering from any disease, which is regarded by medical science as rendering a person unfit for marriage.

Lineal relative:

It refers to relatives who are directly related to oneself by blood, and have a relationship between being born and being born. According to the reason for the occurrence of kinship, relatives can be divided into three categories: spouse, blood relatives and in-laws.

The direct blood relationship of direct blood relatives refers to the birth relationship (also known as "reproductive relationship").

Collateral relatives by blood up to the third degree of kinship:

Collateral blood relatives within three generations are a concept relative to direct blood relatives, which refers to relatives who are related to oneself within three generations. Lineal blood relatives are relatives who are directly related by blood, that is, the upper and lower generations of relatives who have given birth to themselves and the relatives they have given birth to. Both the mother and the father are included.

Chinese law only stipulates that if one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage. Specific conditions include:

1) Severe hereditary diseases;

2) Designated infectious diseases;

3) Mental illness.

Relevant bilingual regulations:

Article 1053 of the Civil Code provides:

If one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.

if one of the parties suffers from a serious disease, he shall truthfully inform the other party of such disease prior to marriage registration; where such information is not truthfully provided, the other party may apply to the people’s court to annul the marriage.

A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known.

the application to annul a marriage shall be made within one year from the date when the party knows or should h**e known of the cause for the annulment.

Refer to bilingual example sentences:

the legislative council successfully put into place a new territories (exemption) ordinance last year to entitle women to succession rights of ancestral land being passed on in the new territories. on the surface it seems that this has realized the goal of equality between women and men, but in actuality i know that after the ordinance was put into place many indigenous villagers in the new territories h**e drawn up wills to pass on land to lineal kins or collateral relatives on the parental side.

Last year, the Legislative Council successfully passed the New Territories Land (Exemption) Ordinance, which allows women to enjoy the right of inheritance in ancestral land in the New Territories, ostensibly with the aim of achieving equality between men and women, but after the passage of the Ordinance, I know that many indigenous villagers in the New Territories have made wills to pass their land to male immediate or collateral relatives, and the indigenous women of the New Territories have not received any benefits at all.

the code of criminal procedure defines the various categories of victims: persons directly affected by a crime; spouses or partners, blood relatives up to the fourth degree of consanguinity or second degree of kinship, adoptive children and/or parents’ testamentary heirs, where the crime results in the death of the victim; legal persons affected by the crime; and legally constituted foundations and associations, where the crime affects collective or widespread interests, provided that the purpose of the foundation or association has a direct bearing on those interests.

The Code of Criminal Procedure defines the following categories of victims: persons who are directly victims of the crime; If the offence results in the death of the victim, the spouse or partner, lineal blood relatives within the fourth degree or collateral relatives within the second degree, adopted children and/or testamentary heirs of parents; legal persons who have been victims of crimes; If the offence affects the collective interest or the general interest, it shall be a ** association or association established in accordance with the law, provided that the purpose of the ** association or association is directly related to such interests.

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