最新动态
联系我们

上海私家侦探援助中心|上海私人侦探婚外遇调查-上海纳德私人调查

手机:

微信:

公司宗旨:

您浏览的位置:主页 > 新闻动态 >

未办理结婚登记以夫妻名义生活有什么后果

发布于:2019-01-03 15:28

我国婚姻保护实行登记保护制度,即只有去民政部门婚姻登记处办理结婚登记的,才算法律意义上的夫妻,不过对于早年交通不便、管理不便导致的未办理,给予了一定保护。
 
The marriage protection system of our country implements registration protection system, that is, only to go to the marriage registration office of the civil affairs department for marriage registration, can the husband and wife in the legal sense be calculated. However, for the untreated cases caused by the inconvenience of transportation and management in the early years, certain protection has been given.
 
 
 
 
 
未办理结婚登记以夫妻名义生活有什么后果
 
What are the consequences of living in the name of husband and wife without marriage registration?
 
 
 
未办理结婚登记以夫妻名义生活有什么后果
 
What are the consequences of living in the name of husband and wife without marriage registration?
 
 
 
1.1994年2月1日之后,男女双方均未与他人登记结婚或丧偶的情况下,以夫妻名义共同生活的,即便按照传统习俗举办婚礼并结婚生子,但仍不具有法律上的合法婚姻关系,只能算作同居关系。如果感情破裂很有可能出现财产分割、小孩抚养纠纷,但往往却因不注重保留证据而带来很多不必要的麻烦。如果一方死亡,另一方并不享有法定继承权,这在丧偶老人“夕阳恋”中会较多出现的问题。
 
1. After February 1, 1994, when neither man nor woman registered to marry or widow, they lived together in the name of husband and wife. Even if they married and gave birth to children in accordance with traditional customs, they still did not have legal marriage relationship and could only be regarded as cohabitation relationship. If the relationship breaks down, it is very likely that there will be property division and child-rearing disputes, but it often causes a lot of unnecessary troubles because it does not pay attention to the preservation of evidence. If one party dies, the other party does not enjoy the legal right of inheritance, which will be more problematic in the "sunset love" of the widowed elderly.
 
 
 
2.有配偶者与他人以夫妻名义共同生活或没有配偶但与有配偶者以夫妻名义共同生活的,经法院审查,认为男女双方确是以夫妻关系共同生活,即以夫妻关系相待,群众也公认的,则应认定事实上的重婚。有配偶者构成重婚罪,没有配偶的另一方若对此知情,也构成重婚罪。
 
2. If a spouse lives with another person in the name of a husband and wife or without a spouse but with a spouse in the name of a husband and wife, the court has examined the fact that both men and women live together in the name of a husband and wife, i.e., treat each other in the name of a husband and wife relationship, and the public has recognized it, the actual bigamy shall be recognized. The person who has a spouse constitutes bigamy, and the other party who has no spouse knows about it also constitutes bigamy.
 
 
 
3.1994年2月1日之前已与他人形成事实婚姻关系的,但在此之后与他人登记结婚的,登记婚姻受法律关系保护,但登记结婚后仍保持原来的事实婚姻关系,则构成重婚罪。1994年2月1日之前已与他人形成事实婚姻关系,1994年2月1日之后又与他人以夫妻名义共同生活的,因前后两个婚姻均不受登记保护,则行为人不构成重婚罪。
 
3. If a de facto marriage relationship has been formed with another person before February 1, 1994, but after registration, the registered marriage shall be protected by legal relationship, but if the original de facto marriage relationship is maintained after registration, the crime of bigamy shall be constituted. Before February 1, 1994, a de facto marriage relationship had been formed with other people, and after February 1, 1994, they lived together with other people in the name of husband and wife. Since both marriages were not protected by registration, the perpetrator was not guilty of bigamy.

下一篇:没有了
上一篇:欧派发力整装大家居 全面升级产品模式满足多元需求