文章来源: 作者：北京欢乐城娱乐 时间：2016/5/3 阅读次数：510
Interpretation of the Supreme People’s Court about Several Problems Concerning the Application of the Marriage Law of the People’s Republic of China (II)
(December 26, 2003)
With a view to correctly hearing the cases of disputes over marriage and families, the following interpretation is made about the relevant problems concerning the application of the Marriage Law by the people’s court in accordance with the Marriage Law of the People’s Republic of China (hereinafter referred to as the Marriage Law), the Civil Procedural Law of the People’s Republic of China and other relevant laws and regulations:
Article 1 The people’s court shall refuse to accept any lawsuit filed by the parties concerned to stop the cohabitation. But, if the parties concerned plead to stop the "cohabitation between a person who has a spouse but co-habitats with a third person" as provided for in Articles 3, 32 and 46 of the Marriage Law, the people’s court shall accept such lawsuits and stop the cohabitation in accordance with the law.
The people’s court shall accept the lawsuits filed by the parties concerned due to disputes over the partitioning of property or the upbringing of children.
Article 2 After the people’s court has accepted a pleading for announcing a marriage invalid, if it finds, upon examination, that the circumstance is true, it shall make a judgment announcing the marriage invalid in accordance with the law. If the plaintiff pleads for withdrawing the lawsuit, he (she) shall be disapproved.
Article 3 After the people’s court has accepted a suit of divorce, if it finds, upon examination, that the marriage is invalid, it shall inform the parties concerned of this and shall make a judgment announcing the marriage invalid.
Article 16 When the people’s court hears a case of divorce involving the partition of jointly owned property, the capital contributions made to a limited company in the name of one party shall be handled according to the following circumstances if the other party isn’t a shareholder of this company:
(1) If both husband and wife agree to assign part of or all of the contributions to the spouse of the shareholder, if more than half of the shareholders consent and the other shareholders explicitly waives the priority to purchase the shares, the spouse of this shareholder may become a shareholder of this company;
(2) After the husband and wife have reached an agreement on the to-be-transferred shares formed by capital contributions, if more than half of the shareholders oppose to the transfer, but are willing to purchase the shares at an equal price, the people’s court may partition the income from the transfer of shares incurred from contributions. If more than half of the shareholders are opposed to the transfer of shares, and if they are unwilling to purchase the shares at an equal price as well, they shall be deemed to consent to the transfer, and the spouse of the shareholder may become a shareholder of this company.
The proof used for showing the consent by more than half of the shareholders as mentioned in the preceding paragraph may be a resolution of the shareholders’ meeting or a written statement of the shareholders obtained by other lawful means.
Article 28 Where either the husband or wife applies for take preservative measures against the spouse’s personal property or the properties jointly owned by the husband and wife, the people’s court may, to the extent of the losses that may be incurred due to taking preservative measures, determine an appropriate financial assurance in light of the actual circumstances.
Article 29 The present Interpretation shall be implemented as of April 1, 2004.
After the present Interpretation takes effect, they shall be applicable to the new cases of disputes over marriage and families accepted by the people’s courts.
After the present Interpretation takes effect, if there are any discrepancies between the former relevant judicial interpretation made by the Supreme People’s Court and the present Interpretation, the latter shall prevail.