Protection of rights and interests in marriage relationships: personal rights protection, obligation to support minors and disposal of joint property of husband and wife

As an important bond of social relations, marriage not only carries emotions and responsibilities, but also involves complex legal rights and obligations. With the development of society and changes in concepts, legal issues in marriage relationships are increasingly attracting attention. This article will start from the three core issues of personal rights protection, parents' obligation to raise children, and the disposal of common property of husband and wife. Combined with legal provisions and practical experience, it will systematically analyze key legal issues in marriage, aiming to help the public enhance their legal awareness, properly handle marriage and family relationships, and safeguard their legitimate rights and interests in accordance with the law when necessary.

Marriage is not only the destination of emotions, but also a legal relationship that requires legal wisdom to manage. Understanding relevant legal knowledge is not only a responsibility to yourself and your family, but also the basis for building a harmonious family.

1. Protection of personal rights

(I) Legal protection of personal rights

1. Name Right: After marriage, both parties may retain their original names or change their names according to law. When exercising the right to name, you need to pay attention to the connection with property registration and document information to avoid affecting property rights and interests.

2. Personal freedom: Both husband and wife enjoy equal personal freedom in their marriage relationship, including basic rights such as career choice, social interaction, and freedom of movement. Any form of domestic violence, mental control or personal limitation is illegal. Victims may call the police, apply for a personal safety protection order or pursue infringement liability.

3. Privacy Right: Both husband and wife still enjoy the right to privacy in their marriage, including the right to not be violated such as communication secrets, personal space and private information. Any unauthorized view of your spouse's mobile phone, email, or tracking whereabouts may constitute infringement. The victim may demand a cessation of the infringement and claim compensation for damages.

4. Right to reputation: Both spouses enjoy the right to reputation in their marriage relationship according to law. Any act of insulting, slandering or maliciously devalues their spouses may constitute infringement. Victims may demand that the infringement be stopped, the impact be eliminated and compensation for mental damages.

(II) Special rights based on marriage relationship

1. Cohabitation obligation: Couples should live together, except if there are legitimate reasons such as domestic violence, separation agreements, etc.

Although the court does not force cohabitation, long-term separation may be considered as a breakdown of the relationship.

2. Support obligations: Husband and wife have the obligation to support each other. If one spouse is unable to support oneself due to physical reasons and needs care, he or she has the right to ask him or her to pay the support when the other spouse fails to fulfill his or her obligation to support him or her.

Refusal to raise a serious case may constitute the crime of abandonment (Article 261 of the Criminal Code). Note: In judicial practice, the maintenance standards need to comprehensively consider factors such as local living standards and income of both parties.

3. Right to decide on childbirth: Women have the right to decide whether to have children independently and are not subject to forced intervention by spouse or family. The decision to make childbirth between husband and wife should be negotiated equally, and neither party shall force the other party to have children or not.

Women enjoy the right to have children in accordance with the law and have the freedom to have children inseparable. When performing fertility surgery, special examination or special treatment in medical institutions, the woman's own consent shall be obtained; when a woman has different opinions from her family members or related persons, the woman's own wishes shall be respected.

2. Underage children's obligations

Special provisions on inheritance rights of type parent-child relationship identification and support obligations

The parents born or conceived during the marriage of marriage will be automatically established (Article 1073 of the Civil Code) and the parents must fulfill their obligation to support (Article 1067 of the Civil Code) as the first heirs, and equally inherit the parents' property (Article 1127 of the Civil Code). Parents' divorce will not affect their rights and obligations; they will treat them equally by artificially giving birth to children (Article 1085 of the Civil Code, Article 1086 of the Civil Code)

Children born out of wedlock need to be claimed or confirmed by the biological father/mother (Article 1071 of the Civil Code). The biological parents must bear the child support fee (Article 1071 of the Civil Code) and the same inheritance rights as children born in wedlock (Article 1071 of the Civil Code) (Article 1071 and Article 1127 of the Civil Code). The birth mother’s childbirth costs can be recovered from the biological father; social discrimination is prohibited (Article 1071 of the Civil Code)

If the stepchildren need to live with their stepparents and form a support relationship (Article 1072 of the Civil Code) and form a support relationship, the stepparents need to bear the support responsibility (Article 1072 of the Civil Code) and form a support relationship, they shall enjoy the right to inherit the inheritance of the stepparents (Article 1127 of the Civil Code) After the biological parents divorce their stepparents, the support relationship may be terminated in consultation (Article 54 of the Marriage and Family Compilation of the Civil Code (Article 54)

Adopted children are established through legal adoption procedures (Article 1103 of the Civil Code), and their rights and obligations with their original family are terminated (except for special agreements). Adopted parents must fulfill their obligation to support them (Article 1111 of the Civil Code) as the first heir to inherit the property of their adoptive parents (Article 1127 of the Civil Code); adoption with their original family (except for special agreements) requires civil affairs registration; illegal adoption is invalid; adoption of over 8 years old requires their consent (Article 1104 of the Civil Code)

(I) Core rules for raising obligations

1. Children born in marriage: Parents still need to jointly bear the support after divorce. The standard refers to the actual needs of the children and their parents' income (generally paid at 20%-30% of the monthly income).

2. Children born out of wedlock: The biological father/mother must confirm the parent-child relationship through claiming or litigation and pay child support, and the rights are completely equal to those born in wedlock.

3. Stepchildren: If you live together and form a support relationship (such as paying tuition fees and living together for more than 3 years), the stepparents must bear the support responsibility.

4. Adopted children: After legal adoption, adoptive parents must fulfill their fostering obligations, and the rights and obligations of adopted children and biological parents will be terminated (except for special circumstances).

(II) Protection of children's rights

1. Right of inheritance: All children (including births from illegitimate, stepchildren, and adopted children) enjoy the right of inheritance equally, and parents shall not deprive them of their statutory share through a will.

3. Disposal of joint property of husband and wife

(I) Co-property identification:

1. Wages, bonuses, and labor remuneration

2. Profits from production, operation and investment

3. Profits from intellectual property rights

4. Inherit or receive gifted property

5. Other shared property (such as housing provident fund, pension account funds, etc.)

(II) Property disposal method:

1. Agreements are preferred (negotiated division during divorce, and the division ratio is agreed upon by yourself).

2. Litigation division (no negotiation, based on the principles of taking care of the interests of children and the woman, and the parties at no fault of the party to divide the property more).

(III) Debt assumption rules:

1. Shared debts (borrows used for family life must be jointly repaid).

2. Personal debts (the debtor shall bear the debtor if they are not used for their joint life).

(IV) Risk prevention suggestions:

1. Before marriage: Sign a property agreement to clarify the scope of pre-marital property.

2. During marriage: retain property vouchers (such as transfer records, home purchase contracts, etc.).

3. During divorce: Be alert to the other party to transfer property and apply for court investigation.

4. Conclusion

A marriage that ignores the protection of rights and interests is like a building without foundation, which seems beautiful but cannot withstand the impact of reality. Whether it is personal protection, property ownership, debt division, or child support, the law is not only the bottom line, but also a tool to actively maintain relationships. Staying sober in the name of love and clarifying boundaries while making promises is the attitude of truly responsible for marriage.