Joke Collection Website - News headlines - There are clear regulations on the validity of family agency power, which draws clear boundaries for the identification of joint debts and personal debts of husband and wife and the disposal of joint
There are clear regulations on the validity of family agency power, which draws clear boundaries for the identification of joint debts and personal debts of husband and wife and the disposal of joint
There are clear regulations on the validity of family agency power, which draws clear boundaries for the identification of joint debts and personal debts of husband and wife and the disposal of joint property of husband and wife in practice. Point 8: Article 1064 clarifies the scope of joint debt between husband and wife. It is defined that the joint debt of husband and wife requires a "debt signature" to prevent the situation of being "indebted". This provision is more strict in determining the scope of joint debt between husband and wife, and reasonably allocates the burden of proof, which better protects the legal property rights of one spouse. Point 9: Article 1066 stipulates that the joint property of husband and wife can be divided during marriage under two circumstances. When the relationship between husband and wife breaks down and they are unable to continue living together, they will inevitably think of divorce and property division. There is no relationship between the husband and wife, and everyone wants to share more property. Without one party's knowledge, the other party may secretly transfer the couple's property. Since these behaviors occurred before filing for divorce, and the previous law emphasized that it must be "at the time of divorce," the property of the other party was often not well protected. The provisions of this Civil Code make up for this loophole. Point 10: Article 1077 adds a thirty-day cooling-off period for divorce registration. Such provisions can effectively prevent couples from getting divorced due to impulse. Of course, this system does not apply to all divorce situations. When domestic violence or marital infidelity has caused a marital relationship to break down, filing for divorce in court is not subject to the cooling-off period. Many people think that the "cooling-off period" regulations restrict the freedom of divorce. In fact, the purpose of the "cooling-off period" regulations is not to restrict the freedom of divorce, but to serve as a friendly reminder to remind everyone to exercise their rights with caution, to stimulate a sense of responsibility for marriage and family, and to shape society. A good view of marriage and family is commendable for its positive role in preventing parties from impulsively divorcing, saving broken families, maintaining marital order, and maintaining social stability. Point 11: Article 1,079 stipulates: “After the people’s court has ruled that divorce is not allowed, if one of the two parties has been separated for one year and files for divorce again, the court shall order a divorce.” This article has a positive effect on cracking down on repeated lawsuits for divorce. There was once a divorce case in which both parties were retired elderly people. The man went to the court six times to request divorce. The children of the old man also agreed with their parents to dissolve the marriage. However, because the woman did not agree every time, the court considered There was no such thing as domestic violence or bigamy, but the result was that divorce was not allowed every time. Although the two parties barely maintained their marriage in name, it had long been in name only. The two had been separated for a long time and no longer had any relationship as husband and wife. The addition of this provision to the Civil Code undoubtedly sends a positive signal and provides the court with a clearer and more objective standard for determining whether a couple is divorced. It is of positive significance to the parties involved and is helpful. To solve the problem of repeatedly suing for divorce but not getting divorced. Point 12: Improve the divorce compensation system and add "other major faults" to Article 1091. This is to add a safety clause to the four statutory faults stipulated in Article 46 of the current Marriage Law. The judge will be able to grasp the circumstances of other major faults leading to divorce, such as "gambling, drug abuse and other bad habits that persist despite repeated admonitions", or The circumstances in which one party commits sexual crimes leading to divorce have broadened the range of circumstances in which serious faults can lead to divorce in real life, and provided broader protection for the rights and interests of the vulnerable party. In addition, the marriage and family section of the Civil Code also adds the principle of taking care of the non-fault party in the division of divorce property; divorce compensation relief is no longer limited to "under the separate property system"; there are also some major breakthroughs and modifications in the adoption law, but due to space limitations, this article will not Interpret it one by one. Legal basis:
Article 1041 of the "People's Republic of China and Civil Code" Marriage and family are protected by the state.
Derived questions:
What are the new marriage regulations in the Civil Code? Old Marriage Law: If a person suffered from a disease that is medically considered inappropriate for marriage and has not been cured after marriage, the marriage can be judged to be invalid. New Marriage and Family Edition: If one party suffers from a serious illness, he or she must truthfully inform the person before the marriage registration; if one party fails to tell the truth, the other party may apply to the People's Court to annul the marriage.
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