Hu Jiazhao is a wealthy businessman in Zhejiang, in March 2000, he established New Qipu Investment and Development Co., Ltd. in Shanghai, with a registered capital of 30 million yuan, accounting for 70% of the equity. In February 2002, Hu Jiazhao and Zhang Mingdi registered their marriage and later gave birth to a daughter, Hu Yichun. In October of the same year, Hu Jiazhao died of liver cancer at an early age, and the incident suddenly left no will, but he left a huge inheritance of nearly 100 million yuan, and his wife Zhang Mingdi, daughter Hu Yichun, his mother Zheng Songju and Hu Yifei, the son born to Hu and his ex-wife, caused controversy over the so-called "hundreds of millions" of inheritance division.
His son died suddenly, his newly married wife of eight months wanted to participate in the division of the inheritance, and the mother-in-law obviously had a grudge, so the mother-in-law Zheng Songju sued the Yueqing Municipal Court in Zhejiang Province, demanding that the certificates of her son Hu Jiazhao and her daughter-in-law Zhang Mingdi be revoked, but the Wenzhou Intermediate Court finally decided in the second instance that the marriage certificate was valid.
This judgment shows that Zhang Mingdi, as Hu Jiazhao's wife, enjoys the right to inherit, and when there is no way out, Hu Jiazhao and the son born to his ex-wife have a strange trick, and after some investigation, he found that the marriage certificate between Hu Jiazhao and Zhang Mingdi was handled by others, and the two parties did not appear in person, and according to the laws of our country, the effective element of marriage registration is to require both parties to be present in person, so the mother-in-law filed a lawsuit with the court to revoke the marriage between the two.
In May 2003, the Yueqing Municipal Court upheld the lawsuit of Zheng Songju and others in the first instance, and ruled to revoke the marriage certificates of Hu and Zhang. Zhang Mingdi was not satisfied and appealed to the Wenzhou Intermediate Court, requesting that the Yueqing Municipal Court's judgment be revoked.
This also raises the question: Who is the person claiming the annulment of the marriage? As a non-party in a marital relationship, do you have the right to declare another person's marriage null and void?
According to the reply of the Administrative Trial Division of the Supreme People's Court on questions concerning the qualifications and judgment methods of plaintiffs in administrative cases of marriage registration
October 8, 2005 Law [2005] Xingta Zi No. 13
I. Pursuant to the second paragraph of Article 24 of the Administrative Litigation Law of the People's Republic of China, where a party to a marital relationship who has the right to sue for the registration of marriage and tobacco is dead, his close relatives may initiate an administrative lawsuit. 2. According to Article 8 of the Marriage And Tobacco Law of the People's Republic of China, if both parties to a marriage and tobacco relationship or one of the parties to a marriage and tobacco relationship have not personally registered a marriage cigarette at the marriage registration organ, and it cannot be proved that the marriage registration is the true intention of both the man and the woman, and the parties raise a lawsuit against the marriage registration, the people's court shall revoke it in accordance with law.
Therefore, if you want to file an action for the annulment of a marriage with the court as an interested person, you need to meet two conditions, one is that the two people have not registered in person, and the other is that the registration of the two parties is not out of true intention.
In this case, Hu and Zhang only met one of the conditions, when the two were registered for marriage, they were not able to register because they did not have a divorce certificate, and after the second time the materials were completed, they entrusted others to collect it on their behalf, and the Wenzhou Intermediate Court held that although the marriage certificate of the husband and wife was taken by others, the marriage smoke was a reflection of their true will, so they ruled that the marriage smoke of the two was valid.
At the end of 2006, the Shanghai No. 2 Intermediate People's Court rendered a first-instance judgment in the case, in which Hu Jiazhao's wife, daughter, mother, and son born to his ex-wife all four of them shared 70% of Hu's equity in the company, that is, 17.5% of the equity each. The legacy struggle that lasted for more than four years came to an end.