Traditional Culture Encyclopedia - Hotel franchise - Is it legal to open a room in boyfriend and girlfriend hotel? If not, what legal responsibility should it bear?
Is it legal to open a room in boyfriend and girlfriend hotel? If not, what legal responsibility should it bear?
Provisions on the crime of illegal cohabitation:
1. Article 32, paragraph 3, of the Marriage Law 1 stipulates that if one spouse lives with another person, the other spouse may file for divorce on this ground.
2. Article 46 of the Marriage Law stipulates that if one spouse cohabits with others and leads to divorce, the innocent party may request damages.
3, the people's court in the trial of marriage registration and cohabitation in the name of husband and wife, if the illegal circumstances are serious, should be in accordance with the relevant provisions of the Marriage Law, the General Principles of the Civil Law, "Opinions on Implementing the General Principles of the Civil Law" and other laws and regulations, to give appropriate civil sanctions.
Punishment for illegal cohabitation:
Illegal cohabitation means that both men and women live together in the name of husband and wife without going through the marriage registration formalities, and the masses also think it is a cohabitation behavior of husband and wife relationship. Illegal cohabitation is generally not punished.
Of course, it depends on the specific situation of the cohabiting parties. If one party publicly marries and cohabits in the name of husband and wife during the marriage, it will bear legal responsibilities, that is, bigamy (1 994 February1) is considered as a de facto marriage, so it can be convicted of bigamy.
1 994 February1later, it is only illegal cohabitation, but it cannot be convicted of bigamy, but it can be used as a reason for divorce). Such an accusation is a case that can go through both private prosecution and public prosecution procedures. If the above situation does not exist, it will not be sanctioned by law in our country at present.
In fact, illegal cohabitation is only a civil issue, and it has not risen to the level of criminal issues. It is precisely because of this misunderstanding that some parties who live together illegally often threaten criminal responsibility or demand huge amounts of property from each other. In order to safeguard their legitimate interests, as long as they have a "certificate" or a marriage certificate in time, everything will be fine.
Extended data:
China Law's Attitude towards Illegal Cohabitation
According to Article 3 of the Marriage Law, spouses are prohibited from living together with others. Article 32, paragraph 3, item 1 stipulates that cohabitation between a spouse and another person is the legal reason for divorce between a spouse and the other party. Article 46 stipulates that if one spouse cohabites with another person and leads to divorce, he can claim damages without fault.
The Marriage Law does not provide for illegal cohabitation between spouses. However, Article 5 of the Supreme People's Court's Interpretation on the Application of Several Issues (1) = (hereinafter referred to as Interpretation of Marriage Law (1)) stipulates: "If a man and a woman fail to register their marriage in accordance with Article 8 of the Marriage Law and live together in the name of husband and wife, they shall be treated differently if they file a lawsuit in a people's court for divorce:
(1)1February 19941Before the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs, if both men and women have met the substantive conditions for marriage, they shall be treated as de facto marriages.
(2) After the promulgation and implementation of the Regulations on the Administration of Marriage Registration of the Ministry of Civil Affairs in February 1994, if both men and women meet the necessary conditions for marriage, the people's court shall inform them to re-register their marriage before accepting the case; If the marriage registration is not handled, it shall be handled as dissolution of cohabitation. "Cohabitation as stipulated in this article refers to illegal cohabitation between spouses.
The Supreme People's Court's Interpretation on the Application of Several Issues (II) = (hereinafter referred to as Interpretation of Marriage Law (II)) Article 1 Paragraph 1 stipulates that "the people's court shall not accept a lawsuit filed by one of the parties to dissolve the cohabitation relationship. However, the cohabitation relationship required by the parties belongs to Articles 3 and 32 of the Marriage Law.
Article 46 stipulates that "a spouse lives with others", the people's court shall accept it and dissolve it according to law. "According to the above classification of illegal cohabitation as the basis for interpretation, the people's court will not accept the request to dissolve the cohabitation relationship between husband and wife. For those who have spouses and spouses,
The people's court that one spouse requests to dissolve the illegal cohabitation relationship shall accept it and dissolve it according to law.
Although the people's court refuses to accept the request to dissolve the illegal cohabitation relationship between husband and wife, according to the second paragraph of Article/kloc-0 of the Interpretation of the Supreme People's Court on Several Issues (II) = (hereinafter referred to as Interpretation of Marriage Law (II)): "If a party brings a lawsuit for property division or child support disputes during cohabitation,
The people's court shall accept it. "That is to say, the people's court shall accept and handle the request for property division or child support between spouses during illegal cohabitation.
References:
Baidu encyclopedia-crime of illegal cohabitation
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