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Supreme People’s Court, Interpretation on Several Issues Concerning the Application of the «PRC Marriage Law» (3)
最高人民法院关于适用〈中华人民共和国婚姻法〉若干问题的解释(三)

Interpretation deals with property disputes in marriage.

Issue: September 2011

CLP Reference: 1750/11.08.09

Promulgated: 09 August 2011

Effective: 13 August 2011

Applicability: Upon implementation of this Interpretation, in the event of a conflict between this Interpretation and the relevant judicial interpretations previously issued by the Supreme People’s Court, this Interpretation shall prevail (Article 19).

Main contents: Where, during the existence of a marriage relationship, both parents or either one of them refuse(s) to perform their maintenance obligations towards their children, and a minor child or a child without capacity to live independently claims for maintenance fees, the people’s court shall uphold such claim (Article 3).

Where, during the existence of a marriage relationship, one party to the marriage requests division of the couple’s co-owned property, the people’s court shall not uphold such claim...

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