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On the Influence of Divorce Agreement and Divorce Registration Application on the Effectiveness of Divorce Behavior

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DOI: 10.23977/law.2022.010102 | Downloads: 16 | Views: 506

Author(s)

Yin Zhaojing 1

Affiliation(s)

1 The Law School of Tianjin University of Commerce, Tianjin, 300134, China

Corresponding Author

Yin Zhaojing

ABSTRACT

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issuing a divorce certificate; if they fail to apply, the divorce registration application shall be deemed to have been withdrawn" .The first paragraph of article 1077 endows both parties with the right to withdraw the divorce registration application.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.

KEYWORDS

Agreement 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.

REFERENCES

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[5] Xia Yinlan. Examining the method of divorce property division in China under the framework of international human rights [J]. Global legal review, 2005, 27 (001): 45-49.

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