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What are the circumstances under which a marriage is invalid as stipulated in the Civil Code of 2020
Time:2025-08-28 Views:1334
Article 1051 of the draft Civil Code of the People's Republic of China stipulates that a marriage shall be invalid under any of the following circumstances: (1) Bigamy; (2) Having a prohibited marriage relationship among relatives; (3) Not having reached the legal age for marriage.
Article 1053 of the draft Civil Code of the People's Republic of China stipulates that if one party suffers from a serious illness, they shall truthfully inform the other party before marriage registration. If the other party fails to provide truthful information, they may request the people's court to revoke the marriage. A request for the annulment of a marriage shall be made within one year from the date when the party knew or should have known the grounds for annulment.
Article 10 of the Marriage Law of the People's Republic of China stipulates that a marriage shall be invalid under any of the following circumstances: (1) Bigamy; (2) Having a prohibited marriage relationship among relatives; (3) Suffering from a disease that is considered by medical science as unsuitable for marriage before marriage and remaining uncured after marriage; (4) Not having reached the legal age for marriage.
According to the draft of the Civil Code and the current Marriage Law, if a person suffers from a disease considered by medical science as unsuitable for marriage before marriage and the disease remains uncured after marriage, it is no longer an invalid marriage but a revocable one. With the continuous advancement of technology, many diseases can be cured. It is no longer appropriate to define this provision as an invalid situation. This draft of the Civil Code classifies this situation as a revocable circumstance. Sichuan Faneng Law Firm is dedicated to serving you.