Interpretation of Marriage Law No. 3

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Interpretation of Marriage Law No. 3

文章来源: 作者:北京欢乐城娱乐 时间:2016/5/4 阅读次数:466

   The Interpretation (III) of the Supreme People’s Court of Several Issues on the Application of the Marriage Law of the People’s Republic of China, as adopted at the 1525th session of the Judicial Committee of the Supreme People’s Court on July 4, 2011, is hereby issued and shall come into force on August 13, 2011.
 
Supreme People’s Court
August 9, 2011

    Interpretation (III) of the Supreme People’s Court of Several Issues on the Application of the Marriage Law of the People’s Republic of China

    (Adopted at the 1525th session of the Judicial Committee of the Supreme People’s Court on July 4, 2011, Interpretation No. 18 [2011] of the Supreme People’s Court)
 
    For the correct trial of cases about marriage and family disputes, the following issues concerning the application of the Marriage Law by the people’s court are hereby interpreted in accordance with the provisions of the Marriage Law of the People’s Republic of China, the Civil Procedure Law of the People’s Republic of China and other relevant laws.

    Article 1 Where a party applies for declaration of invalidation of a marriage under any circumstance other than those set out in Article 10 of the Marriage Law, the people’s court shall render a judgment to dismiss the party’s application.

    Where a party files a civil lawsuit for revocation of a marriage registration on the ground of any flaw in the marriage registration procedures, the people’s court shall notify the party to apply for administrative reconsideration or file an administrative lawsuit according to law.
 
    Article 2 Where one spouse files a lawsuit in the people’s court for confirmation of nonexistence of parentage and has provided necessary evidence, if the other spouse has no contrary evidence and refuses a parentage test, the people’s court may presume that the claim of the spouse requesting confirmation of nonexistence of parentage is correct.
Where a party files a lawsuit in the people’s court for confirmation of parentage and has provided necessary evidence, if the other party has no contrary evidence and refuses a parentage test, the people’s court may presume that the claim of the party requesting confirmation of parentage is correct.

    Article 3 Where, during the existence of a marital relationship, both parents refuse or one parent refuses to perform the obligation of fostering children, and a minor or dependent child claims the child support, the people’s court shall support such a claim.
  
    Article 18 Where, after divorce, one party files a lawsuit in the people’s court for division of any community property that has not been disposed of, if after examination, such property are found to be community property not involved in the division of community property at the time of divorce, the people’s court shall legally divide such community property.
 
    Article 19 After this Interpretation comes into force, for any discrepancy between this Interpretation and the relevant judicial interpretations previously issued by the Supreme People’s Court, this Interpretation shall prevail.

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