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18521536308最高人民法院关于适用《中华人民共和国民法典》婚姻家庭编的解释（一）英文版
2022-06-25
(Adopted at the 1825th Session of the Supreme People's Court Judicial Committee on December 25, 2020 and taking effect on January 1, 2021)
These Interpretations are formulated in accordance with the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other applicable laws and based on court experience in order to correctly adjudicate cases of marriage and family disputes.
I. General Provisions
Article 1 Persistent and frequent domestic violence may be deemed as "abuse" as referred to in Articles 1042, 1079, and 1091 of the Civil Code.
Article 2 "Cohabitation" referred to in Articles 1042, 1079, and 1091 of the Civil Code refers to the continuous and stable cohabitation of a married person with any other person of the opposite sex other than their spouse, not in the name of husband and wife.
Article 3 Where a man or woman files a lawsuit only claiming the termination of their cohabitation relationship, the people's court shall not admit the case, and shall make an order to dismiss the case if it has been admitted.
Where a man or woman files a lawsuit due to disputes over division of the property obtained during their cohabitation or child raising, the people's court shall admit the case.
Article 4 Where a lawsuit is filed solely on the grounds stipulated in Article 1043 of the Civil Code, the people's court shall not admit the case, and shall make an order to dismiss the case if it has been admitted.
Article 5 Where a man makes a claim against a woman for the return of a bride price paid according to the customs, the people's court shall sustain the claim if it is ascertained that:
(1) the man and the woman have not completed the marriage registration procedure;
(2) the man and the woman have not been living together as husband and wife after they have completed the marriage registration procedure; or
(3) the payment of the bride price occurs before their marriage and entails excessive hardship to the payer.
The provisions of Item (2) or (3) of the preceding paragraph shall not be applicable unless a divorce lawsuit is filed.
These Interpretations are formulated in accordance with the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other applicable laws and based on court experience in order to correctly adjudicate cases of marriage and family disputes.
I. General Provisions
Article 1 Persistent and frequent domestic violence may be deemed as "abuse" as referred to in Articles 1042, 1079, and 1091 of the Civil Code.
Article 2 "Cohabitation" referred to in Articles 1042, 1079, and 1091 of the Civil Code refers to the continuous and stable cohabitation of a married person with any other person of the opposite sex other than their spouse, not in the name of husband and wife.
Article 3 Where a man or woman files a lawsuit only claiming the termination of their cohabitation relationship, the people's court shall not admit the case, and shall make an order to dismiss the case if it has been admitted.
Where a man or woman files a lawsuit due to disputes over division of the property obtained during their cohabitation or child raising, the people's court shall admit the case.
Article 4 Where a lawsuit is filed solely on the grounds stipulated in Article 1043 of the Civil Code, the people's court shall not admit the case, and shall make an order to dismiss the case if it has been admitted.
Article 5 Where a man makes a claim against a woman for the return of a bride price paid according to the customs, the people's court shall sustain the claim if it is ascertained that:
(1) the man and the woman have not completed the marriage registration procedure;
(2) the man and the woman have not been living together as husband and wife after they have completed the marriage registration procedure; or
(3) the payment of the bride price occurs before their marriage and entails excessive hardship to the payer.
The provisions of Item (2) or (3) of the preceding paragraph shall not be applicable unless a divorce lawsuit is filed.
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