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Comparison of Marriage Law in China and Ukrainian Marriage Law

  • Time:2022-06-14
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China and Ukraine are two sovereign, independent states, each with an independent and established legal system. In both countries, it has its disadvantages and advantages. Let us make a comparison based on the institution of marriage relations.
1. Legal regulation
The regulation of marriage and family legal relations is part of the Civil Code of the People's Republic of China. At the same time, in Ukraine, this institution is regulated by a separate legislative act - the Family Code.
2. Principles
Marital relations in Ukraine and China are based on the same principles, which meet the requirements of modern fair society and prevent coercion and violence in the family:
- monogamy
- voluntariness
- equality between men and women.
3. Marriage age
For China, it is 22 years. In Ukraine, men and women have the right to marry from 18, the age of adulthood. However, the Family Code of Ukraine also provides for exceptions, which lower this limit. For example, a court may grant the right to marry from 16 if it is in the person's best interests. And in general, the courts in the legal system of Ukraine play an active role.
4. Degree of kinship.
Marriages in China are forbidden between blood relatives within three generations. In Ukraine, it is within two. Obviously, the states resolve this issue themselves at the legislative level according to advanced scientific research and do not require additional legal commentary.
5. Filing.
The Civil Code of the PRC (People's Republic of China) gives individuals the opportunity to apply for marriage only in person. In this matter, the Family Code of Ukraine is more flexible. It provides the possibility to submit a notarial application with the help of an attorney, who will give the appropriate notarized power of attorney.
6. Invalidity of marriage.
A marriage that violates the monogamy principle and the prohibitions concerning the degree of kinship or the marriage age is invalid. The same provisions are included in the acts of both countries. It does not produce any legal consequences that a lawful marriage would have. There is also one fundamental difference. In Ukraine, a court may invalidate a wedding that was concluded without the voluntary consent of one of the parties. In China, on the other hand, it is a reason to dissolve the marriage. It has other legal consequences.
7. Property division.
The rules on the division of spouses' property have their differences. For instance, in Ukraine, the division of property of spouses during the marriage is possible without any reasons or conditions. It is enough only the desire of one of the spouses to determine what property will belong to them on the right of private property. In China, however, during the marital relationship, one of the spouses may apply to the People's Court for division of the common property under any of the following circumstances:
If one party has concealed, transferred, sold, damaged, embezzled the joint property of husband and wife or forged the joint debts of husband and wife, etc., which has seriously damaged the interests of the common possessions of husband and wife;
If a person who is legally obligated to support one party suffers from a severe illness and needs treatment, and the other party does not agree to pay the reasonable medical expenses.
8. Relationship of parents and children in divorce matters.
A fascinating difference between the provisions of the Civil Code of the People's Republic of China and the Family Code of Ukraine is the increased attention to the moral relationship between children and parents, including divorce. For example, according to Article 1069 of the Civil Code of the PRC, children must respect the marital rights of their parents and must not interfere in their divorce, remarriage, and life after marriage. The legal acts of Ukraine do not contain regulation of such deep intra-family relations. In the event of any dispute (which has legal consequences), they are resolved in court. At the same time, the court does not have any mandatory rules to guide it.

Analyzing the above, we conclude that the states now have an excellent opportunity to adopt other countries' legal regulation principles in any sphere, including marriage relations. It would contribute to the development of legal regulation of family relations and the whole legal system.

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