The third party includes parents who violate the principle of marital autonomy, arrange and force others to marry for the purpose of claiming property
Marriage arrangements such as changing relatives, transferring relatives, and child brides are all different forms of arranged marriages, which are expressly prohibited by Chinese law.
Article 1042 of the Civil Code of the People's Republic of China prohibits arranged marriages, forced marriages, and other acts that interfere with the freedom of marriage. It is prohibited to solicit property through marriage.
Prohibition of bigamy. It is prohibited for married individuals to cohabit with others.
Prohibition of domestic violence. Prohibition of abuse and abandonment among family members.
Article 1046: Marriage shall be fully voluntary for both the man and the woman. It is prohibited for either party to coerce the other or for any organization or individual to interfere.
1. Marriage through buying and selling is a revocable marriage. The parties involved in buying and selling a marriage may, in accordance with Article 11 of the Civil Code, request the marriage registration authority or the people's court to revoke the marriage within one year from the date of marriage registration. Revocation of the marriage is invalid from the beginning.
2. Property acquired through the sale of marriage should be handled according to specific circumstances. According to the judicial interpretation of the Supreme People's Court, property obtained from arranged, forced, or bought marriages should be confiscated from the national treasury in accordance with the law.
3. According to the law, property acquired during cohabitation between men and women shall be handled by agreement between the parties involved; When an agreement cannot be reached, the people's court shall make a judgment based on the principle of taking care of the innocent party. The property acquired during the cohabitation period of a dissolved marriage between a man and a woman may be treated as jointly owned. Except for those that have evidence to prove ownership by one party.
III
Buying and selling marriage refers to a marriage arranged and forced by a third party (including parents) outside the marital relationship for the purpose of demanding a large amount of property.
An arranged marriage is a marriage in which a third party (including the parents of the parties involved) outside the marital relationship violates the principle of marital freedom, goes against the wishes of the parties involved, and forces them to enter into a marriage.
Arranging marriage and buying and selling marriage are both related and different. An arranged marriage is not necessarily a business marriage, but a business marriage is inevitably an arranged marriage. The constituent elements of arranged marriage are the coercion of arranged marriage against the will of the parties involved; The constituent elements of buying and selling a marriage include not only arranged coercion, but also the issue of demanding property through this.
The above is the relevant content collected by the editor of Fanneng Law Firm about what buying and selling marriage means. We hope it is helpful to you. The third party includes parents who violate the principle of marital autonomy and force others to enter into marriages with the purpose of obtaining property, such as arranged marriages, intermarriage, child brides, etc. These are all different forms of arranged marriages. I hope the above content can be helpful to you. If you have any other legal questions, please feel free to visit Fanneng Law Firm's consultation platform. Our online lawyers will provide professional answers for you.
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