The upcoming annulment of the Marriage Law means that on May 28, 2020, the third session of the 13th National People's Congress voted to pass the Civil Code of the People's Republic of China, which will come into force on January 1, 2021, and at the same time, the Marriage Law will be repealed. Although it was officially abolished, it was actually updated and modified on the basis of the Marriage Law and incorporated into the Civil Code.
The Civil Code has been updated and modified on the basis of the Marriage Law, and the contents of the adjustment are roughly as follows:
1. The Civil Code deleted family planning
Article 16 of the original Marriage Law clearly stipulates that both husband and wife have the obligation to practice family planning.
The just-passed civil code removes the obligation for both spouses to practice family planning and encourages late marriage and childbirth.
2, narrowing the scope of the prohibition of marriage
Article 7 of the original Marriage Law stipulates that if a person suffers from a medical disease that should not be married and has not been cured after marriage, the marriage shall be invalid according to Article 10 of the original Marriage Law.
The Civil code removes the prohibition of marriage due to a medical condition that does not warrant marriage. This means that even if you have a serious illness, the law does not prohibit marriage. However, if a person is suffering from a serious disease, the other party shall be truthfully informed before marriage registration. If the party is not truthful, the other party may apply to the people's court for annulment of the marriage.
3. The scope of joint property between husband and wife is expanded
As for the scope of the joint property of husband and wife, it increases the remuneration of other services and the income of investment, so that the joint property of husband and wife "leaves no dead space", so whether it is the remuneration obtained in the work or the income obtained in the stock market, it belongs to the joint property of husband and wife.
4. Define the joint debts of husband and wife
The Civil Code has formally written "co-debt co-signing" into the code. Co-debt co-signing, simply put, after marriage, you have to pay back the money you borrowed. If the other party takes out a debt unilaterally, as long as you do not sign it, it is not your business, unless it is for the purpose of buying a house together, or other purposes of living together.
5, marital division of the common property system
Article 1066 of the Civil Code: In any of the following circumstances during the marital relationship, one of the spouses may apply to the people's court for division of the joint property: (1) One of the spouses has hidden, transferred, sold, damaged or squandered the joint property of the husband and wife or forged the joint debts of the husband and wife or other acts that seriously damage the interests of the joint property of the husband and wife; (2) If a person with legal support obligations on one side suffers from a serious illness and needs medical treatment, the other side does not agree to pay the relevant medical expenses.
6. Increase the 30-day cooling-off period for divorce
Article 107th of the Civil Code: "Within 30 days from the date the marriage registration office receives the application for divorce registration, any party who does not wish to divorce may withdraw the application for divorce registration with the marriage registration office."
7. Marriage Law and Adoption Law are combined to bring adoption back to the "family"
Article 1044 of the Civil Code states: "Adoption shall follow the principle of best interests of the adoptee and safeguard the legitimate rights and interests of both the adoptee and the adoptee. It is forbidden to buy or sell minors under the guise of adoption."
At the same time, only those who are over 30 years old can adopt, and if a person without a spouse needs to adopt a minor of the opposite sex who is over 40 years old or over eight years old, the consent of the adoptee shall be obtained.