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The latest version of the new provisions of the Civil Code in 2022
Time:2025-08-28 Views:613
The Marriage and Family Chapter of the Civil Code
Article 1041: Marriage and family are protected by the state.
A marriage system featuring freedom of marriage, monogamy and equality between men and women shall be implemented.
Protect the legitimate rights and interests of women, minors, the elderly and people with disabilities.
Article 1042 Prohibits arranged or forced marriages and other acts that interfere with the freedom of marriage. It is prohibited to demand property through marriage.
Bigamy is prohibited. It is prohibited for married people to cohabit with others.
Domestic violence is prohibited. Abuse and abandonment among family members are prohibited.
Article 1043: Families should foster fine family traditions, promote family virtues and attach importance to the construction of family civilization.
Husband and wife should be faithful to each other, respect each other and care for each other. Family members should respect the elderly and care for the young, help each other, and maintain an equal, harmonious and civilized marital and family relationship.
Article 1044 Adoption shall follow the principle of what is most beneficial to the adoptee and safeguard the legitimate rights and interests of both the adoptee and the adopter.
It is prohibited to trade minors under the guise of adoption.
Article 1045: Relatives include spouses, blood relatives and in-laws.
Spouses, parents, children, siblings, grandparents, maternal grandparents, grandchildren and maternal grandchildren are close relatives.
Spouses, parents, children and other close relatives living together are family members.
Article 1061: Husband and wife have the right to inherit each other's estates.
Article 1062 The following properties acquired by the husband and wife during the existence of their marital relationship shall be the joint properties of the husband and wife and shall be jointly owned by them:
(1) Wages, bonuses and remuneration for services;
(2) Income from production, operation and investment;
(3) Income from intellectual property rights;
(4) Inherited or gifted property, except as provided for in the third item of Article 1063 of this Law;
(5) Other properties that should be jointly owned.
Husband and wife have equal rights to deal with their joint property.
Article 1063 The following properties shall be the personal properties of one spouse:
(1) The pre-marital property of one party;
(2) Compensation or indemnity received by one party due to personal injury;
(3) Property determined in a will or gift contract to belong solely to one party;
(4) Daily necessities exclusively used by one party;
(5) Other properties that should belong to one party.
Article 1064: Debts incurred by both spouses through their joint signatures or debts that one spouse acknowledges afterwards, as well as debts incurred by one spouse in his or her personal name during the marriage for the daily needs of the family, shall be regarded as joint debts of the couple.
Debts incurred by one spouse in his or her personal name during the marriage that exceed the needs of daily family life do not fall under the category of joint marital debts. However, this does not apply if the creditor can prove that the debt was used for the common life of the couple, for common production and operation, or was based on the mutual consent of both spouses.
Article 1076: Where both husband and wife voluntarily apply for divorce, they shall sign a written divorce agreement and personally apply for divorce registration at the marriage registration authority.
The divorce agreement shall set forth the mutual intention of both parties to divorce voluntarily and their consensus on matters such as child custody, property and debt handling.
Article 1077: Within 30 days from the date when the marriage registration authority receives the application for divorce registration, either party who does not wish to divorce may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period prescribed in the preceding paragraph, both parties shall personally apply to the marriage registration authority for the issuance of a divorce certificate. If no application is made, it shall be deemed that the application for divorce registration has been withdrawn.
Article 1078: Where the marriage registration authority ascertains that both parties are truly willing to divorce and have reached an agreement on matters such as child custody, property and debt handling, it shall register the divorce and issue a divorce certificate.
Article 1079: If one party of a married couple requests a divorce, the matter may be mediated by relevant organizations or the party may directly file a lawsuit for divorce with the people's court.
When the people's court hears a divorce case, it shall conduct mediation. If the marital relationship has indeed broken down and mediation proves ineffective, divorce should be granted.
Where any of the following circumstances exists and mediation proves ineffective, divorce shall be granted:
(1) Bigamy or cohabitation with a third party;
(2) Committing domestic violence or abusing or deserting family members;
(3) Has bad habits such as gambling and drug abuse and refuses to mend his ways despite repeated admonitions;
(4) Living separately due to incompatibility for a period of two years;
(5) Other circumstances that lead to the breakdown of the marital relationship.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
If, after a court has ruled against a divorce, the couple have been living separately for another full year and one party files for divorce again, the divorce should be granted.
The above is the latest version of the new provisions of the Civil Code in 2022 collected by the editor of Faneng Law Firm for you. With the continuous development of social relations, marital and family relations have also undergone significant changes. The original property division and regulations on marital relations may not be able to adapt to the current development of marital relations. Therefore, the Civil Code has made a series of improvements to the system of marital and family relations. If you have any questions about the new provisions of the marriage law, you are welcome to consult the lawyers of Fan Neng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.