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What are the changes in the new regulations of the 2022 Civil Code
Time:2025-08-28 Views:1122
1. The phrase "illness" as a ground for invalid marriage has been removed and changed to "failure to truthfully inform" which can be revoked
Article 1051 A marriage shall be invalid under any of the following circumstances: (1) Bigamy; (2) Having a prohibited consanguineous relationship; (3) Not having reached the legal age for marriage.
Article 1053 Where one party suffers from a serious illness, he or she shall truthfully inform the party before the marriage registration. If the other party fails to truthfully disclose, the other party may request the people's court to revoke the marriage.
2. The parent-child relationship can be confirmed by filing a lawsuit with the court
Article 1073 Where there is an objection to the parent-child relationship and there are justifiable reasons, the father or mother may file a lawsuit with the people's court to request confirmation or denial of the parent-child relationship. Adult children who have objections to the parent-child relationship and have legitimate reasons may file a lawsuit with the people's court to request confirmation of the parent-child relationship.
3. Regulations on the cooling-off period for divorce
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 If no application is made, it shall be deemed that the application for divorce registration has been withdrawn.
4. There is one more way to get a divorce - living apart for a full year
Article 1079: 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 shall be granted.
The current Civil Code stipulates that the interval for filing a lawsuit again after a divorce is ruled against is six months. However, in this draft, the conditions for a second lawsuit to grant a divorce have been implemented. That is, if after the first judgment against divorce, the couple has been living separately for a full year and one party files for divorce again, the divorce should be granted.
A general value interpretation of marriage and family legislation. According to Article 1041 of the Civil Code, from the perspective of the basic principles established by the legislation, marriage and family legislation protects marital and family relations, safeguards marriage freedom, monogamy, gender equality, and protects the legitimate rights and interests of women, minors, the elderly, and the disabled. Marriage and family legislation encompasses the goals of rational definition, ethical care and behavioral guidance. The values it protects can be, from a macro perspective, divided into respecting the needs of the marriage subjects and maintaining the needs of social stability and development.
Respecting the needs of the subjects of marriage is a diverse concept. In a marital relationship, the subjects of marriage have the need for marital freedom, as well as the needs for equality, loyalty, respect, mutual assistance and love. Firstly, it is manifested as protecting the freedom of marriage, safeguarding the free realization of the will of the marriage subjects, and defining the boundaries of the realization of free will. The freedom of marriage is regulated by prohibiting arranged marriages, forced marriages and other interfering behaviors, and the boundaries of negative evaluation are the prohibition of direct blood relatives or collateral blood relatives within three generations from getting married, the invalidity of bigamy, and the invalidity of marriage before reaching the legal age. The freedom of divorce is subject to the condition that both parties have the intention to divorce voluntarily or that the marital relationship has indeed broken down. In marital relationships, the subjects of marriage also have the needs of equality, loyalty, respect, mutual assistance and love. Legislation has established a series of norms to guide behaviors and ultimately ensures the realization of these subject needs through the allocation of rights and obligations.
The need to maintain social stability and development is also multi-faceted. It encompasses not only the harmony and stability of marriage and family, the smallest unit of society, but also the protection of social relations related to marriage and family. Legislation clearly stipulates that marriage and family are protected by the state, confirms and implements the basic principles of marriage and family legislation, promotes and advocates norms, and curbs illegal marriage and family behaviors, etc. Integrate the principle of equality throughout all aspects of family relations, divorce, adoption, etc., coordinate the compensation for family contributions and procedures and methods during divorce, fill in and improve the methods for identifying and resettling joint debts of the couple, and radiate multi-dimensional and multi-faceted protection of interests.
Article 1046 Marriage shall be based on the complete willingness of both the man and the woman. No party may force the other, and no organization or individual may interfere.
Article 1047 The age of marriage shall not be earlier than 22 years old for men and 20 years old for women.
Article 1048: Direct blood relatives or collateral blood relatives within three generations are prohibited from marrying.
Article 1049 requires that both the man and the woman who wish to marry shall personally apply for marriage registration at the marriage registration authority. Those who meet the provisions of this Law shall be registered and issued a marriage certificate. Upon completing the marriage registration, the marital relationship is established. Those who have not completed marriage registration shall make up for it.
Article 1050 After marriage registration, in accordance with the agreement of both the man and the woman, the woman may become a member of the man's family, and the man may become a member of the woman's family.
The above is all the relevant content about the changes in the new regulations of the Civil Code in 2022 collected by the editor of Faneng Law Firm for you. According to the provisions of the Marriage and Family chapter of the new Civil Code, a series of amendments have been made to the original marriage and family system, including adding a cooling-off period for divorce, expanding the scope of joint property of spouses, and allowing divorce after one year of separation, etc. The protection of marriage and family relations has seen new developments. Sichuan Faneng Law Firm is dedicated to serving you.