Jiang Cheng Tianjin lawyer tells you what is legal marriage

Marriage, usually understood as a definition, is a relationship that is generally recognized by society in a legal form between a man and a woman for the purpose of living together. It can be seen from the development and changes of China's marriage and family laws that freedom of marriage, monogamy, and equality between men and women are the basic principles that marriage law has always implemented. So an effective marriage must meet these three basic principles. Here are three principles to be further analyzed:

The principle of freedom of marriage

Freedom of marriage includes freedom of marriage and freedom of divorce. The so-called freedom of marriage means that the parties to the marriage have the right to decide on their own marriage, and no one else may interfere.

Monogamous principles

The principle of monogamy is easier to understand, that is, the general form of modern legal marriage should be one husband and one wife, abolishing the concubinage system of the feudal marriage system. The reason why "monogamy" is still the basic principle of modern marriage law lies mainly in its three major civilization characteristics:

(1) The structure is simple and easy to maintain and fair and equal;

(2) The rational allocation of reproductive resources reduces disputes, as can be seen from the competition for mating rights in the animal kingdom;

(3) It is conducive to blood dispersion.

The principle of equality between men and women

Equality between men and women means that men and women do not enjoy the same rights or assume the same obligations because of gender differences, and equality between men and women is an inevitable trend in the development of civilized society.

Legal marriage must conform to the above three basic principles of freedom of marriage, monogamy, and equality between men and women, which are mainly reflected in the legal provisions such as voluntary marriage and voluntary divorce, prohibition of bigamy or cohabitation with spouses, etc. In addition, the law also stipulates the "two prerequisites and one form" that legal marriage should have:

Premise 1

The legal age of marriage is 22 years for men and 20 years for women. The purpose of reaching the legal age of marriage before marriage is to ensure to a certain extent that the parties to the marriage can have the appropriate psychological and physical conditions to perform the obligations of the husband and wife in the marriage and assume family responsibilities.

Premise two

It is forbidden for close relatives to marry, and it is well known that children born of close relatives may have genetic defects, which is a mandatory provision of marriage law to guarantee the quality of the population based on eugenics.

Formal requirements

Register your marriage in person. That is, the parties to the marriage must personally go to the marriage registration office to register the marriage. This is the formal requirement that a legal marriage must have, and the establishment of a legal marriage is generally based on the marriage registration as the effective requirement, and the receipt of a marriage certificate is a sign of marriage registration.

It should be noted that in special cases where the parties already have a husband and wife but have not registered the marriage for any reason, the marriage registration may be made up. If the previous marriage relationship meets the substantive requirements of marriage, it is also a legal marriage recognized by law.