On the Influence of Divorce Agreement and Divorce Registration Application on the Effectiveness of Divorce Behavior
DOI: 10.23977/law.2022.010102 | Downloads: 16 | Views: 506
Yin Zhaojing 1
1 The Law School of Tianjin University of Commerce, Tianjin, 300134, China
Corresponding AuthorYin Zhaojing
Article 1077 of the Civil Code: "within 30 days from the date of receiving the divorce registration application by the marriage registration authority, if either party is not willing to divorce, it may withdraw the divorce registration application from the marriage registration authority. Within 30 days after the expiration of the time limit prescribed in the preceding paragraph, both parties shall apply in person to the marriage registration authority for issuing a divorce certificate; if they fail to apply, the divorce registration application shall be deemed to have been withdrawn" .The first paragraph of article 1077 endows both parties with the right to withdraw the divorce registration application. The second paragraph seems to be a legal presumption for both parties to withdraw the divorce registration. In addition to the "cooling off period" (or called the "reversal period") added in article 1077, the civil code also details the procedures for divorce by agreemen.
KEYWORDSAgreement divorce, Divorce registration, Divorce behavior effect, Divorce agreement
CITE THIS PAPER
Yin Zhaojing, On the Influence of Divorce Agreement and Divorce Registration Application on the Effectiveness of Divorce Behavior. Science of Law Journal (2022) Vol. 1: 6-8. DOI: http://dx.doi.org/10.23977/law.2022.010102.
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