|
微信搜索关注"91考试网"公众号,领30元,获取公务员、事业编、教师等考试资料40G!
o the parties agreement and if no agreement is reached the court will decide in the principle of considering the party with no fault. As for the bigamy, the interests of the party in a legitimate marriage shall not be infringed and the stipulations in the law of relation between parents and children are applied to the children in bigamy. 4._________________Contrary to the media dissemination before the modification that criminal responsibility will be included in the problem of second concubine, the new Marriage Law just adopt the civil liability. However, it is still strengthened in the field. The new Marriage Law abandoned the distinction of bigamy in lawful form and bigamy as a matter of fact. The bigamy in the new Marriage Law is only the bigamy in lawful form. The bigamy as a matter of fact is included in the cohabitation done by people who have other legal spouse. In the Article 46, both bigamy and the cohabitation of people who have spouse are conditions on which the other party is entitled to damages. 5.__________________To cohabit with other people during the period of marriage is out of question the breach of the loyal obligation and the violation of the other party''s consortium. However, such rights and obligations can be stipulated in the Marriage Law. Criminal responsibility has no legal basis to be included into this part of law, for if so, the execution of law will be deprived of corresponding basis. [A] The second concubine is the typical example of cohabitation with others done by people who has spouse. Marriage is presumed to be a deed between certain man and woman who bear the loyal obligations. [B] In the first place, the system of void marriage and voidable marriage has been induced in the new Marriage Law of P.R.C. In the Article 10 of the Marriage Law it
|
考试问吧
