第二章结婚

Chapter II    Marriage Contract

 

第五条结婚必须男女双方完全自愿，不许任何一方对他方加以强迫或任何第三者加以干涉。

Article 5 Marriage must by based upon the complete willingness of both man and woman. Neither party may use compulsion on the other party and no third party may interfere¹.

 

第六条结婚年龄，男不得早于二十二周岁，女不得早于二十周岁。晚婚晚育应予鼓励。

Article 6 No marriage may be contracted before the man has reached 22 years of age and the woman 20 years of age. Late marriage and late childbirth shall be encouraged.

 

第七条有下列情形之一的，禁止结婚：

Article 7 No marriage may be contracted under any of the following circumstances:

 

（一）直系血亲和三代以内的旁系血亲；

(1)if the man and the woman are lineal relatives by blood, or collateral² relatives by blood up to the third degree of kinship; and

 

（二）患有医学上认为不应当结婚的疾病。

(2)if the man or the woman is suffering from any disease, which is regarded by medical science as rendering³ a person unfit for marriage.

 

第八条要求结婚的男女双方必须亲自到婚姻登记机关进行结婚登记。符合本法规定的，予以登记，发给结婚证。取得结婚证，即确立夫妻关系。未办理结婚登记的，应当补办登记。

Article 8 Both the man and the woman desiring to contract a marriage shall register in person with the marriage registration⁴ office. If the proposed marriage is found to conform with the provisions of this Law, the couple shall be allowed to register and issued marriage certificates. The husband and wife relationship shall be established as soon as they acquire the marriage certificates. In the absence of the marriage registration, the man and the woman shall go through the procedures subsequently.

 

第九条登记结婚后，根据男女双方约定，女方可以成为男方家庭的成员，男方可以成为女方家庭的成员。

Article 9 After a marriage has been registered, the woman may become a member of the man"s family or vice⁵ versa, depending on the agreed wishes of the two parties.

 

第十条有下列情形之一的，婚姻无效：

Article 10 Marriage shall be invalid⁶ under any of the following circumstances:

 

（一）重婚的；

(1)if one party commits bigamy;

 

（二）有禁止结婚的亲属关系的；

(2)if the man and the woman are relatives by blood up to the third degree of kinship;

 

（三）婚前患有医学上认为不应当结婚的疾病，婚后尚未治愈的；

(3)if, before marriage, one party is suffering from a disease which is regarded by medical science as rendering a person unfit for marriage and, after marriage, a cure is not effected; and

 

（四）未到法定婚龄的。

(4)if the legally marriageable age is not attained⁷.

 

第十一条因胁迫结婚的，受胁迫的一方可以向婚姻登记机关或人民法院请求撤销该婚姻。受胁迫的一方撤销婚姻的请求，应当自结婚登记之日起一年内提出。被非法限制人身自由的当事人请求撤销婚姻的，应当自恢复人身自由之日起一年内提出。

Article 11 In the case of a marriage made under coercion⁸, the coerced⁹ party may make a request to the marriage registration office or the people's court for the dissolution of the marriage contract. Such a request shall be made within one year as of the marriage registration date. The party concerned whose personal freedom is curbed¹⁰ illegitimately shall make a request for dissolution of the marriage contract within one year as of the date on which his or her personal freedom is restored.

 

第十二条无效或被撤销的婚姻，自始无效。当事人不具有夫妻的权利和义务。同居期间所得的财产，由当事人协议处理；协议不成时，由人民法院根据照顾无过错方的原则判决。对重婚导致的婚姻无效的财产处理，不得侵害合法婚姻当事人的财产权益。当事人所生的子女，适用本法有关父母子女的规定。

Article 12 Void or dissolved marriage shall be invalid from its inception¹¹. Neither party concerned shall have the rights and duties of husband or wife. The property acquired during their cohabitation shall be subject to disposition¹² by mutual¹³ agreement. If they fail to reach an agreement, the people's court shall give a ruling on the principle of caring for the no-fault party. The disposition of the property of void marriage caused by bigamy may not be to the detriment¹⁴ of the property rights and interests of the party concerned to the lawful¹⁵ marriage. The provisions of this Law regarding parents and children shall apply to the children born from the parties concerned.

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