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China Justice Observer

中司觀察

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How Can We Terminate Forced Marriage?

You can ask the court to revoke your marriage.

In accordance with the Civil Code of China:

  • marriage shall be contracted upon the free will of both man and woman. Either party shall be prohibited from coercing the other party and interference by any organization or individual shall be prohibited.
  • where marriage is contracted by coercion, the coerced party may apply to the People's Court for revoking the marriage;
  • the marriage that has been revoked shall not be binding ab initio, and the parties concerned shall be devoid of any rights or duties of a husband and a wife; and
  • in the event of revoke of marriage, the innocent party shall be entitled to damages.

 

References:

Civil Code of China: Part V Marriage and Family (2020): Article 1046, 1052, 1053, 1054

 

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Contributors: CJO Staff Contributors Team

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