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Date:2017-4-13  

6 [2017] of the law

The supreme people's court aboutShall apply to the marriage law of the People's Republic of China (2) the explanation of some issues of the supplementary provisions

(February 20, 2017 the supreme people's court trial committee deliberated and adopted at the 1710th meeting, effective as of March 1, 2017)

In the supreme people's court on the applicable < marriage law of the People's Republic of China > (2) "the explanation of some issues on the basis of article 24 increase two, respectively, as this is the second paragraph and third paragraph:

Couples party colluded with the third person, fictitious debt, any claim by a third person, the people's court shall not support.

A surviving spouse in gambling, drugs and other illegal and criminal activities incurred debt, any claim by a third person, the people's court shall not support.

Attachment: the supreme people's court on some issues of the marriage law of the People's Republic of China apply explanation (2) in the attachment

The supreme people's court about

Shall apply to the marriage law of the People's Republic of China (2) the explanation of some issues

(on December 4, 2003, the supreme people's court trial committee meeting by 1299

Based on February 20, 2017 the supreme people's court trial committee 1710th meeting

The supreme people's court on the applicable < marriage law of the People's Republic of China > some problems

The interpretation of the supplementary provisions (2) correction)

For the right of marriage and family disputes cases according to the marriage law of the People's Republic of China (hereinafter referred to as "marriage law"), "the civil procedure law of the People's Republic of China" and other relevant laws and regulations, the applicable law of the people's court of the following interpretations of issues related to:

The first lawsuit filed by the parties concerned to stop the cohabitation, the people's court shall not accept it. The parties request to remove the cohabitation, belongs to the marriage law of the turnover stipulated in article 3, 32 and 46 "person who has a spouse living together with others", the people's court shall accept the application and in accordance with the law shall be lifted.

The other party in disputes over the partitioning of property or the upbringing of children to a lawsuit, the people's court shall accept the application.

Article 2 the people's court accepts the application for annulled the marriage after the case, is indeed invalid marriage after investigation, shall be made in accordance with the law annulled the marriage decision. The plaintiff's application for the withdrawal of the suit will not be allowed.

Article 3 the people's court after a divorce case, upon examination is indeed invalid marriage, the parties shall be notified will be invalid marriage situation, and declared invalid marriage decisions in accordance with the law.

Article 4 the people's court of invalid marriage cases relating to the division of property, and child support, should be about the cognizance of the marriage law and other dispute processing make judicial documents respectively.

Article 5 within one year after the death of one or both of the husband and wife, to live a party or interested party according to the marriage law the provisions of article 10 of the file to declare the marriage invalid, the people's court shall entertain the case.

Article 6 of the interested party according to the marriage law the provisions of article 10, apply to the people's court declared invalid marriage, the interested applicant, marriage if both parties are for the applicant.

A surviving spouse, one for life by the applicant.

Both sides of husband and wife had died, not listed by the applicant.

Article 7 the people's court on the same relationship, respectively, the divorce and the acceptance of the annulled the marriage of the case, for a divorce case, shall apply to be annulled the marriage after case ruled.

Mentioned in the preceding paragraph after the marriage was declared null and void, involves the partitioning of property and the upbringing of children, should continue to trial.

Article 8 in respect of the provision of the division of property in divorce agreement or the parties reach a agreement for divorce property division, is legally binding on both the male and the female.

Fulfill the above division of property agreement by the other party in a dispute to a lawsuit, the people's court shall accept the application.

Article 9 of the men and women both parties agreement within one year after the divorce, division of property problem renege, request a change or cancel the division of property agreement, the people's court shall accept the application.

After the people's court, was found when the property division agreement is concluded, such as fraud, coercion, shall reject the claims of the parties in accordance with the law.

Article 10 if the parties request return in accordance with the customs to pay the bride price, if found belong to the following circumstances, the people's court shall support:

(a) the two sides is not the marriage registration formalities;

The two (2) the marriage registration formalities but did not live together;

(3) payment before marriage and cause dans life difficult.

The first (second) of the preceding paragraph, the provisions of item (3) shall be subject to both divorce.

Article 11 during the duration of marriage, the provisions of article 17 of the following property belongs to the marriage law of the other shall be owned by common property:

(a) a party to a personal property investment income;

(2) men and women both parties obtained or shall obtain housing subsidies, housing accumulation fund;

(3) of both the male and the female obtained or shall obtain endowment insurance gold, bankruptcy, resettlement compensation.

Article 12 the third paragraph of article 17 of the marriage law of the "benefits" of intellectual property rights, is refers to the marriage relationship duration, the actual or have made it clear that the property income can be obtained.

Article 13 the soldiers casualty insurance, disability benefits, medicine, living belong to personal property.

Article 14 the people's court divorce cases involving issued under the name of military retired fee, the independent choosing the one-time charges such as cost, in order to husband and wife relationship remaining fixed number of year multiplied by the average year, the amount of income for the common property of husband and wife.

Average year referred to in the preceding paragraph, it is to point to will be issued under the name of the military the total costs according to the specific divided the concluded that the amount of the fixed number of year. Its specific fixed number of year of average life expectancy of seventy years and the military recruits when the difference between the actual age.

Article 15 both husband and wife common property segmentation of stocks, bonds, securities investment fund share, etc, as well as unlisted shares co., LTD., do not talk things over, or difficult to market distribution, number of the people's court may, according to the proportional distribution.

Article 16 the people's court divorce cases involving segmentation in the common property of husband and wife in the name of the party in the amount of capital co., LTD., the other party is not the shareholders of a company, respectively in the following situations:

(a) the couple agreed part or all of the transfer will be contribution to the shareholder's spouse, majority shareholders consent, other shareholders made it clear that give up the right of first refusal, the shareholder's spouse can become the company shareholder;

Transfer (2) the couple is contribution share and transfer price of consensus, after more than half of the shareholders don't agree to transfer, but willing to purchase at the same price the capital contribution, the people's court may, on the transfer of capital contribution of dividing the property. Majority shareholders don't agree to transfer, at the same price is not willing to purchase the capital contribution, as its agree to transfer, the shareholder's spouse can become the company's shareholders.

For evidence that more than half of the shareholders agree as prescribed in the preceding paragraph, may be the shareholders' committee resolution, can also be a party through other lawful way of shareholder's written declaration material.

Article 17 the people's court divorce cases involving segmentation in the common property of husband and wife in the name of the party in the partnership of capital contribution, the other party is not the business partners, when the husband and wife both sides talks things over consistent, all or part of its share of the partnership property transferred to the other side, respectively in the following situations:

(a) of the other partners agreed to, the spouse shall obtain the partners;

(2) of the other partners do not agree to transfer, exercise the right of first refusal under the same conditions, the transfer of the proceeds of the property can be divided;

(3) the other partners do not agree to transfer, also do not exercise the right of first refusal, but agreed to the partner withdraws from the partnership or refund part of the property share, can be split to return the property;

(4) other partners does not agree to transfer, also do not exercise the right of first refusal, and do not agree with the partner withdraws from the partnership or refund part of the property share, as all the partners agree to transfer, the spouse shall obtain the partners.

Article 18 the husband and wife in the name of the party set up wholly owned enterprise, the people's court for the couple in the common property in the enterprise, shall be respectively according to the following situations:

(a) a party claims management of the enterprise, to evaluate enterprise assets, after one party gives the other party by enterprises obtain the corresponding compensation.

(2) both sides claim management of the enterprise, based on both sides for, by obtaining one party gives the other party of the corresponding compensation;

(3) both parties are not willing to run the business, according to a sole proprietorship enterprise law of the People's Republic of China and other relevant regulations.

Article 19 a tenant before marriage and after marriage with common property to purchase homes, housing ownership certificate is registered in one party's name, shall be deemed to be the common property of husband and wife.

Article 20 of the both sides of husband and wife common property of the house value and ownership can not reach an agreement, the people's court in accordance with the following circumstances, respectively:

(a) both sides claim ownership of the house and has agreed to bidding, shall be permitted to do so;

(2) one party claims ownership of the house, by appraisal institution according to the market price of housing to assess, obtain the ownership of the house of one party shall give the other party of the corresponding compensation;

(3) both parties do not claim ownership of the house, the auction house, according to the application from the party split the proceeds.

Article 21 in divorce has not been made or has not yet achieved full ownership of the house ownership is in dispute and no settlement is reached, a people's court should not be the belonging of the ownership of the house, used by the parties shall, according to the actual situation judgment.

The parties after the housing ownership completely specified in the preceding paragraph, controversial, may be filed a lawsuit to a people's court.

Article 22 the parties before marriage, the parents for both sides to purchase housing investment, the capital contribution shall be regarded as personal gift for their children, but parents made it clear that the gift except on both sides.

After the marriage, the parties for both parents to purchase housing investment, the investment should be identified as the gift of both sides of husband and wife, except that the parents made it clear that the gift one side.

Article 23 a creditor is a party before marriage are negative personal debt advocate for the rights of the debtor's spouse, the people's court shall not support. But the creditor can prove the negative debt except for family life after marriage.

Article 24 of the creditors is a surviving spouse during the marriage to advocate for the rights of debt incurred in the name of individuals shall be handled as husband and wife together debt. But a surviving spouse can prove that the creditor and the debtor shall expressly agreed upon as the personal debt, or be able to prove that belongs to the marriage law except paragraph 3 of article 19 of the situation.

Couples party colluded with the third person, fictitious debt, any claim by a third person, the people's court shall not support.

A surviving spouse in gambling, drugs and other illegal and criminal activities incurred debt, any claim by a third person, the people's court shall not support.

Article 25 the divorce agreement of the parties or written judgments or orders of the people's courts, the conciliation statement has dealt with problems of division of marital property, creditors still has the right to joint debt to the men and women both parties claim.

After one party will bear several and joint liability for the debts of the joint, based on the divorce agreement or the legal documents of the people's courts to recover the loss from the other party claims, the people's court shall support.

Article 26 the death of a husband or wife, to live a party shall during the duration of marriage bear several and joint liability for the debts of the joint.

Article 27 of the parties in the marriage registration authority, after the divorce registration formalities on the grounds that the article 46 of the marriage law provisions request for damages to the people's court, the people's court shall accept the application. But the parties at the time of divorce has made it clear that to give up the request, or in one year after the divorce registration formalities, no support.

Article 28 side apply for the spouse's personal property of husband and wife or husband and wife common property preservation measures, the people's court may, within the scope of the preservative measures may cause losses, according to the actual situation, determine a reasonable amount of property insurance.

Article 29 the interpretation shall enter into force as of April 1, 2004.

After the enforcement of this interpretation, the people's court accepts the new trial marriage and family disputes that this explanation.

After the enforcement of this interpretation, the supreme people's court to make the related judicial interpretation and the interpretation of conflict, will be subject to this explanation.

 
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