Article 19 of the Marriage Law: A spouse may agree that the property obtained during the duration of the marriage relationship and the pre-marital property shall be owned by, jointly owned by, or partly owned by, partly jointly owned. The agreement shall be made in writing. If there is no agreement or the agreement is not clear, the provisions of Articles 17 and 18 of this Law shall apply:
The husband and wife shall agree on the property acquired during the existence of the marriage relationship, and the husband or wife shall bear the debts externally. If the third party is aware of the agreement, the husband or wife shall pay the property.
Bigamy is a product of the feudal marriage system, and it is the manifestation of the corrupting hedonic ideas of exploiting classes in marriage relations. In socialist society, bigamy is not allowed. However, with the establishment and gradual improvement of the market economy system, the concept of bigamy is very serious. The so-called big money raising second milk has become very common. Bigamy is a very complicated phenomenon. When dealing with bigamy cases, the boundary between sin and non-sin is often difficult to distinguish. The distinction between bigamy and non-sin should be distinguished from the following aspects.
1. It is necessary to distinguish between the crime of bigamy and the marriage of a woman with a spouse. In recent years, the crime of abducting and trafficking women has been quite serious. Some women have been married, but have been abducted and trafficked by criminals and forced to marry others. In this case, although the trafficked women objectively have bigamy, they have no subjective intention to marry, and Bigamy is the result of deceit or coercion by others, contrary to their wishes.
2. It is necessary to distinguish between the crime of bigamy and temporary abode. Living together means that both men and women live together temporarily as husband and wife without marriage, and do not constitute a crime of bigamy. On January 27, 1958, the Supreme People s Court stated in the Reply on how to determine the issue of bigamy : If two people live together, they are obviously only temporarily living in a relationship, and they should treat each other with gimmicks, and they can be evacuated freely at any time. Or if the dwelling relationship ends after the expiry of the agreed period, it can only be considered as purely illegal cohabitation and not as bigamy.
3. Differentiate the boundary between sin and non-sin according to whether the plot is serious. In practice, the plot and harm of bigamy are of different magnitudes. According to the provisions of Article 13 of this law, Those with significant and minor harms are not considered to be crimes. Therefore, the act of bigamy does not necessarily constitute the crime of bigamy. Only when the circumstances are serious and the harm of bigamy is serious, can it constitute a crime. According to the spirit of legislation and practical experience, the following two types of bigamy do not constitute bigamy:
(1) A spouse is remarried because of unbearable abuse. In practice, due to the influence of feudal ideas or family conflicts, abuse between husbands and wives often occurs. If one party, especially a woman, flees because of unbearable abuse and marries another person in the field, the motive of such a bigamy is to get rid of the abuse, which is obviously less harmful to the society, so it should not be punished by the crime of bigamy.
(2) Being married to another person as a result of an escape from a disaster. Those who were unable to live in their country of origin due to a disaster and were exiled to earn a living. One party knew that the other was still alive , and some even went out to make a living together, but forced to make a living and had to marry another person while the original husband and wife relationship existed. Although this kind of bigamy has intentional bigamy, its social harm is not great, and it is not appropriate to be punished by bigamy
Encounter In practice, if you encounter such a thing, you need to be clear about the law. The bigamy party enjoys the property. In this regard, the parties can protect their legitimate interests through legal channels.