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What are the conditions prohibiting marriage in the 2022 Civil Code
Time:2025-08-28 Views:1866
Bigamy refers to the act of a person with a spouse marrying another person. Men and women who are already in a marital relationship may remarry only after the marriage ends (the death or divorce of one spouse); otherwise, it constitutes bigamy, which is a legal obstacle to marriage.
Relatives who are prohibited from getting married by law. It is called "forbidden marriage". Prohibited marriage relatives include two types of blood relatives: one is direct blood relatives, which refers to all direct blood relatives without generational restrictions and who are not allowed to marry. Second, collateral blood relatives within three generations. Blood relatives mainly refer to those who share the same ancestor and have a blood relationship, that is, natural blood relatives. It also includes legally defined blood relatives, that is, relatives who, although not related by blood, are confirmed by law to have the same rights and obligations as natural blood relatives.
There are two types of blood relatives prohibited from getting married under the Civil Code:
(1) Direct blood relatives. This includes the relationship between parents and children, grandparents and maternal grandparents and grandchildren, and maternal grandchildren. That is, a father cannot marry his daughter, and a mother cannot marry her son. Grandpa (maternal grandfather) cannot marry his granddaughter (maternal granddaughter), and grandma (maternal grandmother) cannot marry her grandson (maternal grandson).
(2) Collateral blood relatives within three generations. Including:
(1) Brothers and sisters from the same parents (including half-brothers from the same father and half-brothers from the same mother). That is, children of the same parents cannot marry each other.
(2) Uncles, aunts, uncles, aunts and nephews (daughters) of different generations. That is, an uncle (uncle) cannot marry an elder brother (brother) 's daughter. Aunt cannot marry her brother's son. An uncle cannot marry his sister's daughter. Aunt can't marry her sister's son.
A fictitious blood relative refers to a relative who does not have the blood relationship that such a blood relative should have, but is legally confirmed to have the same rights and obligations as such a natural blood relative. Since such blood relatives are not formed naturally but are defined by law, they are also called "quasi-blood relatives" or "legal blood relatives". There are two types of pseudo-blood relatives recognized in the Civil Code of our country: one is adoptive parents and adoptive children, as well as adoptive children and other close relatives of adoptive parents; The second category includes step-parents and step-children, as well as step-siblings, who have in fact formed a supportive relationship.
The Civil Code of our country does not have explicit provisions on whether pseudo-blood relatives can marry each other. However, the Civil Code stipulates that the rights and obligations between adoptive parents and adopted children, as well as between step-parents and their stepchildren who have been raised and educated by them, shall be governed by the provisions of the Marriage Law regarding the relationship between biological parents and children. Therefore, the restrictions imposed by the Civil Code on the formation of marriages among direct blood relatives should also apply to the relationship between adoptive parents and children, as well as between step-parents and children with a support relationship, regardless of whether such a pseudo-direct blood relationship is dissolved or not. From the perspective of ethical requirements and legal spirit. All of them should fall within the scope of prohibited marriage. As for intermarriage involving fictitious collateral blood relatives, as long as there is no collateral natural blood relationship within three generations, that is, no legitimate reason to prohibit marriage, it should be interpreted as not being among the prohibited consanguineous relatives and they can get married.
The Civil Code does not specify what diseases are considered by medical science as unsuitable for marriage. However, the Maternal and Infant Health Care Law stipulates that when men and women register for marriage, they should hold a premarital medical examination certificate or a medical appraisal certificate. Premarital medical examinations include tests for three types of diseases: severe genetic disorders, designated infectious diseases, and related mental illnesses. If the two parties to a marriage have a prohibited marital relationship or either party suffered from a disease considered by medical science as unsuitable for marriage before marriage and has not been cured after marriage, then the marital relationship between the two parties is invalid.
The laws of our country have strict regulations on the prohibited conditions for marriage, which directly protect our life and health safety. We should all pay attention to it. What are the conditions under which marriage is prohibited in the 2022 Civil Code? The above content was collected by the editor of Faneng Law Firm. We hope it can be of some help to you. If you have any other questions, please continue to follow Fan Neng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.