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China Marriage Law (Part 2)

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China Marriage Law (Part 2)
CHAPTER III: FAMILY RELATIONS
Article 13: Both parties to a marriage shall be equal in their family.
Article 14: Each party to a marriage shall have the right to keep his/her name unchanged after marriage.
Article 15: Each party to a marriage shall have the freedom to engage in work, business operation, study or social activities, without any restriction or interference from or by the other.
Article 16: Each party to a marriage shall be obligated to practice family planning.
Article 17: Any of the following properties obtained by either party to a marriage during their marriage shall be co-owned by both parties:
(1) wages and bonuses;
(2) income from business operation;
(3) returns from intellectual property;
(4) property inherited or given as a gift, unless otherwise stated under Article 18(3) hereof; and
(5) any other properties shall be owned by both parties in accordance with the applicable laws.
Each party to a marriage shall have equal right to dispose of the property co-owned by both parties.
Article 18: Any of the following properties of either party to a marriage shall be individually owned such party:
(1) such party's prenuptial property;
(2) any cost for medical treatment, subsidy for disability, or any other benefit for such party due to his/her bodily injury, if any;
(3) any property to be inherited or received by such party as provided for under any will or gift contract;
(4) such party's special articles for daily use; and
(5) any other property to be owned by such party in accordance with the applicable laws.
Article 19: The parties to a marriage may reach an agreement that the properties of, and/or obtained by, either party and/or both parties, before and/or during their marriage, may be individually and/or jointly owned by such party/both parties, in part or in whole. Such an agreement shall be made in writing. In the absence of such an agreement or in case of any vague agreement, Articles 17 and 18 hereof shall apply.
The agreement reached between and by both parties in respect of their properties before and/or during their marriage shall be binding on both parties.
Where it is agreed that the properties obtained by either party during their marriage shall be individually owned by such party, any debt owed by such party to any other party shall be repaid with such party's properties, provided that such third party is aware of such an agreement.
Article 20: Each party to a marriage shall have the obligation to support the other.
In case of either party's failure to support the other, the other party may claim for the alimony from such party.
Article 21: Parents shall have the obligation to raise and educate any of their children, and any child shall have the obligation to support and assist its parents.
In case of either parent's failure to raise any child who is minor or unable to live independently, such child may claim for the cost of arising from such parent.
In case of any child's failure to support either parent who is incapable of working or is having a difficult life, such parent may claim for support payments from such child.
Any act of drowning, deserting or otherwise hurting or killing any infant is prohibited.
Article 22: Any child may be surnamed after either parent.
Article 23: Any parent shall have the rights and obligations to protect and educate its minor child(ren). The parents shall be liable for the civil damages to the PRC or any of its entity or individual due to any of their children.
Article 24: Each party to a marriage shall be entitled to inherit the property of the other.
Any of the parents and their children shall be entitled to inherit each other's property.
Article 25: Any child of illegitimate birth shall be entitled to the same rights as a child of legitimate birth, which shall not be impaired or discriminated against.
The natural parent that does not directly raise any natural child shall pay the child's costs of living and education until the child is capable of an independent life.
Article 26: Legitimate adoption shall be protected. The rights or obligations of any step-parent to its step-child or vice versa shall be governed by the applicable provisions of this Marriage Law in respect of the relationship between parents and children.
The rights or obligations of any step-child to its natural parents or vice versa shall be terminated upon the establishment of the adoptive relationship.
Article 27: No abuse or discrimination of/by any step-parent by/of any step-child is permitted.
The rights and obligations of any step-parent to raise and educate any step-child shall be governed by the applicable provisions of this Marriage Law in respect of the relationship between parents and children.
Article 28: Any paternal or maternal grandparent shall be obligated to raise any minor paternal or maternal grandchild whose parents have deceased or lost their power to raise such child, provided that such paternal or maternal grandparent has the power to raise such child. Any paternal or maternal grandchild shall be obligated to support any paternal or maternal grandparent who has no living child or whom no living child has the power to support.
Article 29: Any elder brother or sister shall be obligated to raise any younger minor brother or sister whose parents have deceased or lost their power to raise such child. Any younger brother or sister who was raised by any elder brother or sister shall be obligated to support such elder brother or sister if such elder brother or sister has lost its ability to work and has no source of income, provided that such younger brother or sister has the power to support such elder brother or sister.
Article 30: Any child shall respect any parent's right to marriage, and shall not interfere in any parent's remarriage and postnuptial life. Any child's obligations to support any parent shall not be terminated as a result of any change in such parent's marital relationship.
To be continued.

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