Who can propose to withdraw a coercive marriage

An irrevocable marriage is a relatively invalid marriage. That is, when a marriage relationship meets the statutory revocation conditions, whether to rescind depends on the attitude of the party who has the right to request revocation. If the party with the right of revocation claims exercises the right of request in accordance with the law, the marriage shall be revoked; if the party with the right of revocation requests waives the right of claim, the marriage is still valid and protected by law.

(2) The applicant who has the right to propose the revocation of the effect of marriage can only be the coerced person who is intimidated by marriage. This is because of the marriage concluded by coercion. When the coerced party concludes the marriage relationship, he cannot truly express his will, and the marriage relationship is against the will of the coerced party. A coerced party s request to cancel the marriage shall be filed within one year from the date of marriage registration. A party who has been illegally restricted in personal liberty s request for the revocation of the marriage shall submit it within one year from the date of restoration of personal liberty.

According to Article 11 of Chinas Marriage Law, the cause of marriage revocation is marriage due to coercion. Freedom of marriage is a basic personal right conferred on citizens by our constitution, and it is also the primary principle of the marriage law. Freedom of marriage is an important aspect of freedom of marriage. Freedom of marriage requires that both parties to a marriage should have a consent to marry, and that the meaning is true and consistent. If one or both parties themselves or their relatives and friends are afraid of being threatened and have to agree, the meaning of marriage indicates that, given that they do not have the true will to marry, the law gives them the right to cancel the marriage relationship. Constituting coercion must have the following elements:

2. Intention to coercion. Including the intimidation of the intimidated person through the act of intimidation, and intentional expression based on the fear.

3. Coercive behavior. That is, the perpetrator must express his intention to intimidate the person being coerced, and it has reached a level that causes the coerced person to have fear. The victims include not only the person being coerced, but also the lives , physical health, reputation, and property of his close relatives.

4. There is a causal relationship between the expression of intimidation s intention due to fear and the behavior of coercion. When there is no necessary causal relationship between coercion and marriage, the coerced party must not request the revocation of the marriage relationship.

Leave a Reply

Your email address will not be published. Required fields are marked *