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Beijing Marriage Lawyer Shares Relevant Articles in Judicial Interpretation III of the New Marriage Law

Guide: If a husband and wife file a lawsuit with the people's court to confirm that the parent-child relationship does not exist, and have provided the necessary evidence to prove it, and the other party refuses to do a paternity test without evidence to the contrary, the people's court may presume that the claim that the parent-child relationship does not exist is established.

》、《 中华人民共和国民事诉讼法 》等相关法律规定,对人民法院适用婚姻法的有关问题作出如下解释: In order to properly hear cases of marriage and family disputes, according to the relevant laws and regulations such as the Marriage Law of the People's Republic of China and the Civil Procedure Law of the People's Republic of China , the following issues regarding the application of the marriage law to the people's courts are explained as follows:

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Beijing Marriage Lawyer Shares Related Provisions of Judicial Interpretation III of the New Marriage Law

Article 1 If a party applies to declare a marriage invalid in circumstances other than those provided for in Article 10 of the Marriage Law, the people's court shall decide to reject the party's application.

If the parties file a civil lawsuit on the grounds of flaws in the marriage registration procedure and claim to cancel the marriage registration, they are informed that they can apply for an administrative review or file an administrative lawsuit in accordance with the law.

Article 2 Where a husband and wife file a lawsuit with a people's court to confirm that the parent-child relationship does not exist, and have provided the necessary evidence to prove it, and the other party refuses to do a paternity test without evidence to the contrary, the people's court may presume to claim that the parent-child relationship does not exist. .

If one of the parties sues and asks for confirmation of the parent-child relationship, and provides the necessary evidence to prove it, and the other party refuses to do the parent-child test without evidence to the contrary, the people's court may presume that the claim for confirmation of the parent-child relationship is established.

Article 3 During the existence of a marriage relationship, if both parents or one party refuses to perform the obligation to raise children, and a child who is underage or cannot live independently requests payment of maintenance, the people's court shall support it.

Article 4 During the existence of a marriage relationship, if a spouse requests division of common property, the people's court will not support it, except for the following major reasons and without prejudice to the interests of creditors:

(1) One party has acted in a way that conceals, transfers, sells, destroys, spoils the spouses' common property or forges the spouse's common debt, and seriously damages the spouse's common property interests;

(2) A person with legal support obligations on one side needs to be treated for a serious illness, and the other party does not agree to pay the relevant medical expenses.

Article 5 Gains generated by a spouse's personal property after marriage shall be recognized as the common property of the spouse, except for interest and natural value-added.

Article 6 Before marriage or during the existence of the marriage relationship, the parties agree to donate the property owned by one party to the other party, and the donor cancels the gift before the registration of the change of the donated real estate. If the other party requests the order to continue to perform, the people's court may The provisions of Article 86 shall be dealt with.

Article 7: After the marriage, the property purchased by one parent's parents for their children and whose property rights are registered in the name of the investor's child may be regarded as a gift to only one of their children in accordance with Article 18 (3) of the Marriage Law. The real property shall be regarded as the personal property of the spouse.

Where the property purchased by the parents of both parties has the property right registered in the name of one of the children, the real estate may be deemed to be shared by the two parties in accordance with the share of the parents ’capital contribution, unless the parties agree otherwise.

Article 8 The spouse of a person with no capacity for civil conduct commits abuses, abandonment, or other acts that seriously damage the personal rights or property rights of a person with no capacity for civil conduct. Other persons with guardianship qualifications may change the guardianship relationship in accordance with special procedures; the guardian after the change shall act as an agent If a party without civil capacity initiates a divorce proceeding, the people's court shall accept it.

Article 9 The people's court does not support the husband's request for damages on the ground that the wife terminated the pregnancy without permission and violated her reproductive rights; if the husband and wife have had a dispute over their fertility, the relationship has really broken, and one of them requests a divorce. Shall be handled in accordance with Article 32 (3) (5) of the Marriage Law.

Article 10 If a spouse signs a real estate sales contract before marriage, pays the down payment with personal property and pays a bank loan, and repays the loan with the common property of the husband and wife after marriage, and the real property is registered under the name of the down payment payer, and the real property shall be dealt with by the two parties at the time of divorce. .

If an agreement cannot be reached in accordance with the preceding paragraph, the people's court may decide that the real property belongs to the party that registered the property right, and the loan that has not been returned is the personal debt of the party that registered the property right. When the two parties jointly repay the loan and the corresponding value-added part of the property, the divorce shall be compensated by one party to the other party in accordance with the principles stipulated in Article 39 (1) of the Marriage Law.

Article 11 If one party sells a house shared by the husband and wife without the consent of the other party, the third party purchases, pays a reasonable consideration, and completes the property right registration procedures in good faith. If the other party claims to recover the house, the people's court will not support it.

If a spouse arbitrarily disposes of a house in common and causes damage to the other party, and the other party requests compensation for the loss at the time of divorce, the people's court shall support it.

Article 12 During the existence of the marriage relationship, the two parties use the common property of the husband and wife to purchase a house that participates in the housing reform in the name of one of the parents, and the property rights are registered in the name of one of the parents. The court did not support it. The capital contribution when purchasing the house can be treated as a claim.

Article 13 At the time of divorce, one of the spouses has not retired and does not meet the conditions for receiving endowment insurance benefits, and the other party requests that the endowment insurance funds be divided according to the common property of the spouse, the people's court will not support it; When a party advocates divorce, the actual payment of the individual during the marriage relationship in the pension account is divided as the common property of the husband and wife, and the people's court shall support it.

Article 14 The property division agreement reached by the parties on the condition of registering a divorce or agreeing to a divorce in a people's court. If the two parties fail to agree on a divorce and one party repents in a divorce proceeding, the people's court shall determine that the property division agreement has not taken effect and shall The actual situation divides the husband and wife's common property according to law.

Article 15 During the existence of the marriage relationship, the inheritance that one spouse as the heir can inherit according to law has not actually been divided between the heirs. When the other party requests the division when the divorce is sued, the people's court shall inform the parties to separate the inheritance between the heirs. To sue.

Article 16 If a husband and wife enter into a loan agreement and use the common property of the couple to lend to one party to engage in personal business activities or for other personal affairs, it shall be deemed that both parties agree to dispose of the common property of the husband and wife, and the divorce may be in accordance with the loan agreement deal with.

Article 17 If both spouses are at fault in accordance with Article 46 of the Marriage Law, and one or both parties file a request for compensation for divorce damages, the people's court will not support it.

Article 18 After a divorce, if one party files a suit with the people's court on the grounds that the spouse's common property has not been processed, the people's court shall divide the property according to law after reviewing that the property is indeed the spouse's common property not involved in the divorce.

Article 19 After the interpretation comes into effect, if the relevant judicial interpretation previously made by the Supreme People's Court conflicts with this interpretation, this interpretation shall prevail.

Article transferred from: http://www.66law.cn/tiaoli/1400.aspx

Tags: New Marriage Law

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