News
What are the circumstances of marriage registration defects in 2022？
Time:2025-08-28 Views:1975
Article 46 of the Interim Regulations on the Standardization of Marriage Registration Work stipulates that, except for marriages contracted under duress, any request for the declaration of a marriage invalid or the annulment of a marriage on any grounds shall not be accepted by the marriage registration authority. Therefore, where there are flaws in the marriage registration process and the other party applies to the marriage registration authority for the revocation of the marriage registration, the marriage registration authority does not have the direct authority to revoke the registration.
At the same time, if a party applies for the declaration of a marriage invalid under circumstances other than those stipulated in Article 1051 of the Civil Code, the people's court shall rule to reject the application of the party. Where a party initiates a civil lawsuit on the grounds that there are flaws in the marriage registration procedure, claiming to revoke the marriage registration, they shall be informed that they may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law. Therefore, the registration of marital defects should be resolved through administrative reconsideration or administrative litigation.
What are the circumstances where there are flaws in the marriage registration process?
Register if the information is incomplete. When registering for marriage, even if some parties submit incomplete materials, the registration is still carried out due to the lax review by the staff of the registration authority. This is also not acceptable.
2. The parties to the marriage did not attend the scene in person. The Marriage Law stipulates that both the man and the woman must personally go to the marriage registration authority to register their marriage. Marriage registration authorities should inquire whether the parties to the marriage are willing to marry and seek their true inner intentions. If the two parties involved in the marriage registration do not show up in person, this should be a major problem with the marriage registration process.
3. Submitting forged materials. Some parties provide forged materials to the marriage registration authority, such as forgery of age, etc.
4. The registration authority exceeds its jurisdiction. Not every marriage registration authority has the right to approve anyone's marriage registration application. However, some marriage registration institutions have also operated on marriage registrations that are not within their jurisdiction. This is a procedural issue.
5. Registering under someone else's name without authorization or by borrowing another person's name. Some parties get married by borrowing or misusing others' names, which leads to the inconsistency between the registered marriage parties and the actual parties, and also brings many inconveniences to the lives of those whose names are misused or borrowed. Sichuan Faneng Law Firm is dedicated to serving you.