During the last century, the Chinese government decided to abolish the old family system and establish a new family idea: the socialist family system (the Marriage Code of 1950). This marked a turning point in Chinese common law and the beginning of a new family way of thinking. With this new act, the Chinese family system has clearly improved and an administrative regulation was set in place to supervise the family affairs.
Compared to the French family code, the Chinese family code is more general and some parts of the family system are less developed. Generally speaking, the French law is divided into two main categories: private law and public law. In our study, we will focus on private law, especially the civil law.
So, we are going to explain the differences between the Chinese and French family laws. Family law is a general term referring to any of the laws regarding familial relationships. This includes rules about how to marry, eligibility for marriage, how to separate or divorce, how adoption and filiations work, and the succession principles. This will be the different parts that we are going to follow and analyze.
1. Marriage in France and China
2. Comparison of the laws relative to divorce
3. Adoption
4. Filiation
5. Succession Law
In French and Chinese law, marriage is a legal act by which man and woman establish a common bond, which has to be obtained and recognized under specific conditions. This act is subject to conditions that will produce effects.
Particularities in China: The Marriage Law in People's Republic of China was modified in 2001; this amendment adapts to the variations in the economic development and social changes. In China, birth control is still practiced.
Legal conditions
In both countries, marriage is only recognized between people of opposite genders, if the man and the woman are lineal relatives by blood or collateral relatives by blood up to the third degree of kinship, marriage is prohibited. Both spouses have to be at the wedding.
In France, minimum age required is 15 for women, 18 for men. If one of them is under 18, he/she has to get a parental authorization. The marriage has to be celebrated in the city where at least one spouse has resided in for more than one month. Two or four witnesses are necessary to certify their identity and attest that the wedding has been celebrated.
In China, in order to get married, the man shall not be younger than 22 years and the woman shall not be younger than 20. Late marriage and late childbirth is encouraged. If either the man or the woman suffers from any disease that is regarded by medical science as rending a person unfit for marriage, the marriage is not encouraged. In the case of intimidated marriage, the intimidated party may apply to the marriage registration authority or the people's court for canceling the said marriage. The intimidated party shall make the application within one year since the day of marriage registration. Where any party who is unlawfully confined in regard to personal freedom applies to cancel a marriage, he or she shall make the application within one year since the day he or she resumes personal freedom.
[...] There are two types of concubines: the simple one is two celibates together and the adultery concubine when one part is married to another people. Legal status: it is not a right situation but a fact situation. There is not particular right in concubine they are considerate like two celibates. However the French jurisprudence has recognized some specific protections for concubine. It exists a concubine certificate delivered by the mayor, which attest that two people are living together. This certificate allows some social advantages (for the renting, social security, reduction cards, family allocations). A judge could not sanction infidelity. [...]
[...] Article 35 If, after divorce, both parties desire to resume their husband- and-wife relationship, they shall go through the registration procedures at the marriage registration authority. Article 36 The relationship between parents and children does not terminate due to the divorce of parents. After the divorce of the parents, the children remain the children of both parties no matter they are supported directly by either the father or mother. Both father and mother shall, after divorce, have the right and the obligation of upbringing their children. [...]
[...] This will be the different parts that we are going to follow and analyse. Summary 1. Marriage, Matrimonial in France and China 2. Comparison of the laws relative to the divorce 3. Adoption 4. Filiation 5. Succession Law 1. Marriage, Matrimonial in France and China Marriage In French law and in China, marriage is a legal act by which a man and a woman establish a common, which the failure, could be obtained only under specific conditions. This act is subject to conditions that will produce effects. [...]
[...] Here are the areas, which are only handling by the French law. The wife's name: Any reference to the sex of the spouses has been wiped out in order to comply with parity. Except if the wife presents a real interest to keep the husband's name (professional for example), the wife will take back her maiden name. The date of the effect of divorce: If the divorce is mutual consent, the spouses will freely decide when the winding up will retroact if necessary. [...]
[...] So it still exists in case of separation of spouses. Debts: each French or Chinese spouse can engage alone these living expenses but the principle is that there is an obligation of solidarity in debts. The French house protection: Spouses have to agree before an act, which concern the house. (This is not possible for just one spouse to sell the house for example) Finance independence in both countries: Each spouse has the right to choose the work of his/her choice and use his/her revenues after contribution to family expenses. [...]
Bibliographie, normes APA
Citez le doc consultéLecture en ligne
et sans publicité !Contenu vérifié
par notre comité de lecture
