The Supreme People's Court today announced the judicial interpretation of the Marriage Law (III), the full text of which is as follows:
The Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (III) was adopted by the the Supreme People's Court Judicial Committee at its1525th meeting on July 4th, 20 1 2000, and is hereby promulgated and shall come into force on August 3rd, 2012000.
the Supreme People's Court
20 1 1 August 9, 2008
Fa Shi [20 1 1]No. 18
the supreme people's court on apply
Interpretation of Some Issues in the Marriage Law of the People's Republic of China (3)
(Adopted by the Judicial Committee of the Supreme People's Court at its1525th meeting on July 4th, 201).
In order to correctly hear cases of marriage and family disputes, according to the Marriage Law of the People's Republic of China, the Civil Procedure Law of People's Republic of China (PRC) and other relevant laws and regulations, the relevant issues concerning the application of the marriage law by the people's courts are explained as follows:
Article 1 If a party applies for annulment of marriage under circumstances other than those stipulated in Article 10 of the Marriage Law, the people's court shall make a judgment to reject the application of the party concerned.
If a party brings a civil lawsuit on the grounds that the marriage registration procedure is flawed and claims to cancel the marriage registration, it shall inform it that it can apply for administrative reconsideration or bring an administrative lawsuit according to law.
Article 2 If one spouse files a lawsuit and requests the people's court to confirm that there is no paternity, and provides the necessary evidence to prove that the other spouse refuses to do paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting confirmation that there is no paternity is established.
If one party brings a lawsuit to confirm paternity and provides necessary evidence to prove it, and the other party refuses to do paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting paternity test is established.
Article 3 During the marriage relationship, if both parents or one of them refuses to perform the obligation of raising children, and minors or children who can't live independently request to pay alimony, the people's court shall support it.
Article 4 During the marriage relationship, the people's court shall not support the request of one spouse to divide the common property, except for the following major reasons that do not harm the interests of creditors:
(1) One party conceals, transfers, sells, damages or squanders the joint property of husband and wife or forges the joint debt of husband and wife, which seriously damages the interests of the joint property of husband and wife;
(2) The person who has the legal obligation to support suffers from a serious illness and needs treatment, but the other party does not agree to pay the relevant medical expenses.
Article 5 The income generated by one spouse's personal property after marriage, except fruits and natural appreciation, shall be recognized as the common property of husband and wife.
Article 6 Before marriage or during the marriage relationship, if the parties agree to give the property owned by one party to the other party, and the donor cancels the gift before the change registration of the donated property, and the other party requests an order to continue the performance, the people's court may handle it in accordance with the provisions of Article 186 of the Contract Law.
Article 7 If the property right of the property purchased by one parent for their children after marriage is registered in the name of the investor's children, it can be regarded as a gift to only one of their children according to the provisions of Item (3) of Article 18 of the Marriage Law, and the property should be recognized as the personal property of the husband and wife.
If the property right of the property purchased by both parents is registered in the name of one child, unless otherwise agreed by the parties, the property can be regarded as shared by both parties according to their respective parents' share of capital contribution.
Article 8 If the spouse of a person without civil capacity abuses or abandons, which seriously damages the personal rights or property rights of the person without civil capacity, other persons with guardianship qualifications may change the guardianship relationship according to special procedures; If the changed guardian brings a divorce lawsuit on behalf of the person without civil capacity, the people's court shall accept it.
Article 9 If a husband claims damages on the grounds that his wife's unauthorized termination of pregnancy violates her reproductive rights, the people's court will not support it; If a dispute between husband and wife over whether to have children leads to the breakdown of their feelings, and one party requests a divorce, and mediation fails, the people's court shall handle it in accordance with the provisions of Item (5) of Paragraph 3 of Article 32 of the Marriage Law.
Article 10 If the husband and wife sign a contract for the sale of real estate before marriage, pay the down payment with personal property and borrow money from the bank, and repay the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the down payment payer, the real estate shall be handled by both parties through agreement at the time of divorce.
If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the party with registered property rights, and the unpaid loan is the personal debt of the party with registered property rights. At the time of divorce, one party to the property registration shall compensate the other party according to the principle stipulated in the first paragraph of Article 39 of the Marriage Law.
Article 11 If a house jointly owned by husband and wife is sold by one party without the consent of the other party, a third party buys it in good faith, pays a reasonable consideration and goes through the formalities of property right registration, and the other party claims to recover the house, the people's court will not support it.
If one spouse arbitrarily disposes of the shared house, causing losses to the other spouse, and the other spouse requests compensation for losses during divorce, the people's court shall support it.
Article 12 During the marriage relationship, if both parties use the joint property of husband and wife to buy a house in the name of one parent, and the property right is registered in the name of one parent, and the other party advocates dividing the house according to the joint property of husband and wife during divorce, the people's court will not support it. The capital contribution when buying a house can be treated as a creditor's right.
Thirteenth at the time of divorce, one of the spouses has not retired and does not meet the conditions for receiving old-age insurance. If the other spouse requests to divide the old-age insurance according to the common property of the husband and wife, the people's court will not support it; After marriage, the joint property of husband and wife is used to pay the old-age insurance premium. The people's court shall support one party's claim that the part of the pension account actually paid by the individual during the marriage relationship is divided as the common property of the husband and wife.
Article 14 If the divorce agreement reached by the parties is conditionally registered for divorce, or the divorce agreement reached in the people's court fails, and one party reneges in the divorce proceedings, the people's court shall consider that the property division agreement has not come into effect and divide the joint property of husband and wife according to the actual situation.
Article 15 During the marriage relationship, if the inheritance that one spouse can inherit according to law is not actually divided among the heirs, and the other spouse requests division when suing for divorce, the people's court shall inform the parties to file a separate lawsuit after the inheritance is actually divided among the heirs.
Article 16 Where a husband and wife enter into a loan agreement and lend their common property to one party for personal business activities or other personal affairs, it shall be regarded as an act of disposing of their common property as agreed by both parties, and divorce may be handled according to the loan agreement.
Article 17 If both husband and wife are at fault as stipulated in Article 46 of the Marriage Law, and one or both parties request compensation for divorce damages from the other party, the people's court will not support it.
Article 18 After divorce, if one party brings a division lawsuit to the people's court on the grounds that the joint property of husband and wife has not been handled completely, if it is really the joint property of husband and wife that was not involved in the divorce after examination, the people's court shall divide it according to law.
Nineteenth after the implementation of this interpretation, the relevant judicial interpretations previously made by the Supreme People's Court are in conflict with this interpretation, and this interpretation shall prevail.