It's 2021
Close relatives cannot marry,
Everyone should know, right?
China's Marriage Law also clearly states:
Immediate blood relatives are prohibited
Marry a collateral blood relative within three generations
Prohibition of marriage of close relatives,
On the one hand, it is based on the principle of eugenics:
If the husband and wife are too close by blood,
Easy to put physical, mental illness or defect
Passed on to the next generation;
On the other hand are ethical requirements,
Marriage of close relatives is contrary to ethical indoctrination,
It is easy to cause confusion in the identity and inheritance of relatives.
Recent
Liuzhou Luzhai County Court Mediation Expedited Tribunal
Organize the hearing of a divorce case
I thought it was an ordinary divorce case
However, it was learned during the trial
The mother of the plaintiff and the defendant is a sister
Both parties belong to collateral blood relatives within three generations
Marriage is prohibited by law!
It is understood that when Ms. Tan and Mr. Wu fell in love, they were strongly opposed by the parents of both sides. However, due to the fact that Ms. Tan was pregnant before marriage, in order to let the child go to the household registration, the parents of both sides reluctantly agreed to them to register for marriage... After the judge handling the case learned of this situation during the mediation, he immediately asked Ms. Tan to supplement the relevant evidence.
On June 10, on the issue of the validity of the marriage, the judge cross-examined the evidence supplemented by Ms. Tan. Based on evidence such as ms. Tan and Mr. Wu's statements, and the certificates of the police station and the village committee, the judge found that Ms. Tan and Mr. Wu were cousins and belonged to collateral blood relatives within three generations, which was a situation prohibited from marriage by law. Cases of marital invalidity cannot be mediated or withdrawn in accordance with law, and must be declared invalid in accordance with law. After trial, the judge combined the evidentiary materials and the provisions of the law to recently declare the marriage of the two invalid.
On child support
The two reached an agreement through online mediation: Xiaole and Xiaoshuai were raised by Mr. Wu; Ms. Tan enjoyed the right to visit Xiaole and Xiaoshuai, and the time and method of visitation were decided by the two parties through consultation.
Links to laws
Article 1048 of the Civil Code of the People's Republic of China stipulates that marriage is prohibited from being directly related by blood or by collateral blood relatives within three generations.
Article 1051 stipulates that a marriage shall be null and void in any of the following circumstances:
(1) bigamy;
(2) Have a family relationship where marriage is prohibited;
(3) Have not reached the legal age for marriage.
Article 1054 of the Civil Code stipulates that an invalid or annuled marriage is not legally binding from the outset, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be handled by agreement of the parties; if the agreement fails, the people's court shall make a judgment on the basis of the principle of taking care of the party without fault. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. The provisions of this Law on parents and children shall apply to children born to a party. If the marriage is annulled or annulled, the party without fault has the right to claim damages.
Source: Guangxi Legal Daily