|
Welcome Guest
|
|
You are using Guest Account
|
|
||||||||||||||||||||||||||||||||||
|
Contents Chapter 1. The Basic Principles of Family Law Chapter II. Marriage Chapter 111. The Family Chapter IV. Guardianship Chapter V. Inheritance Chapter VI. Sanctions Chapter 1. The Basic Principles of Family Law Article 1. The family law of the Democratic People's Republic of Korea contributes to converting the whole society into a large socialist family that is harmonized and united, by consolidating and developing socialist marriage and socialist family values. Article 2. Marriage is the foundation of a family. The state provides legal protection for marriage. Article 3. The family is the basic unit in society. The state stresses the need to consolidate the family. Article 4. Guaranteeing the dignity and rights of people is an intrinsic requirement of the socialist system, under which people are held dear. Through a system of guardianship the state protects the rights and interests of citizens who are incapacitated. Article 5. Inheritance maintains the legal protection of the property of individuals. The state guarantees the rights to inheritance of the property of individuals. Article 6. The Democratic People's Republic of Korea maintains the consistent policy of affording special protection to mothers and children. The state pays primary attention to providing conditions for mothers to bring up and educate their children decently. Article 7. The family law of the Democratic People's Republic of Korea regulates the socialist relations of marriage and personal and property relations between family members and relations. Chapter 11. Marriage Article 8. Citizens are entitled to marry freely. Marriage shall be undertaken between a single male and a single female. Article 9. In the Democratic People's Republic of Korea the minimum a, for marriage is 18 years for males and 17 years for females. The state encourages the social ethos according to which young people marry after doing good work for the country and people and for the society at collective. Article 10. Marriage between blood relatives up to and including third cousins, or between relatives by marriage up to and including first cousins, prohibited. Article 11. Marriage is recognized legally and protected by the state on after it is properly registered at a registry office. void. In cases where the marriage is not registered, a married life shall be forbidden Article 12. Korean compatriots living abroad should register their marriage a consular representative office of the Democratic People's Republic of Korea in the absence of such an office, at the relevant office in the given country. Article 13. Marriage that contravenes Articles 8 10 of this law is null a A marriage may be declared invalid by the court. Article 14. A marriage that is recognized as invalid shall be regarded never having taken place. But, the matter of bringing up any children shall settled in accordance with Articles 22 and 23 of this law. Chapter 111. The Family Article 15. Consolidating the family is an important guarantee for the sound development of society. Citizens should ensure that their families are harmonious and cheerful. Article 16. The relationship between husband and wife is establish through marriage. family. Article 17. Both the husband and the wife shall keep full name given to them and may choose their occupations according to their desires and skills, and shall participate in a social and political life. Article 18. The husband and the wife shall have equal rights within the Article 19. The husband and the wife are duty bound to support their partner should he or she have lost the ability to work. Article 20. Conjugal relations shall end with divorce. A divorce may be granted only by the court. Article 21. Divorce may be granted if a marriage cannot be continued because one party has been guilty of gross infidelity to conjugal love and trust, or for some other reason. Article 22. In cases of divorce, the custody of any children shall be decided according to mutual agreement between the two parties, in consideration of the interests of the children. When no mutual agreement can be reached, custody shall be decided by the court. A child under three years of age shall be brought up by the mother, unless there is a compelling reason for this not to happen. Article 23. A person who does not support his or her child should pay the party who has custody of the child expenses for the feeding and care of the child until it reaches the working age. But a person who does not support his or her child may not pay such expenses should the party with custody of the child not demand it. The amount contributed towards the bringing up of a child shall be fixed by the court within the range of 10 30 per cent of the monthly income of the contributor, according to the number of children. Article 24. In cases where the party paying expenses for the bringing up of child loses the ability to work or the party that has custody of a child remarries and the child is supported by its stepfather or stepmother, the party concerned may ask the court to exempt him or her from paying the expenses. Article 25. The relations between parents and children are blood relations. The relations between illegitimate children and their parents are the same as those of legitimate children and their parents. Article 26. A child adopts the surname of its father. In cases where this is impossible, it takes the surname of its mother. The surname of a child who does not know the identity of either of its parents is decided by the population administration office. Article 27. The education of a child is an important duty for its parents. Parents should bring up their children as steadfast revolutionaries, people of a new communist type, through good education. Article 28. Parents shall feed and care for their children and act as proxy for them while they are minors. Children should love and respect their parents and take care of either of their parents who has lost the ability to work. Article 29. The relations between stepparents and stepchildren should be the same as those between natural parents and their children. Once relations between a stepfather or stepmother and a stepchild have been established, the relations between the stepchild and its natural father or mother shall be terminated. Article 30. Citizens may foster the children of other people. A person who has been deprived of the right to elect, one who has suffered from an illness that may be injurious to the health of a child or one who has no ability to nurse and bring up a child shall not be permitted to adopt a child. Article 31. A citizen who is to adopt a child must obtain consent from its blood parents or its guardian. If the adopted child is six years of age or over, its consent must also be obtained. Article 32. Adoption shall be realized when the request by the adoptive parents has been approved by the population administration office and registered at the registry office. Article 33. The relations between adoptive parents and an adopted child should be the same as those between blood parents and a child. When relations between adoptive parents and an adopted child have been established, the relations between the child and its parents before adoption shall be terminated. Article 34. The dissolution of an adoption shall be realized after. agreement between the adopted child and its adoptive parents or between the adoptive parents and the adopted child's real parents or guardian is reached and it is registered at the registry office with the approval of the relevant population administration office. When no agreement can be reached, the matter shall be settled by the court. Article 35. Grandparents should bring up and educate their grandchildren if they have lost their parents so that they may grow healthily. A grandchild who has reached adulthood shall take care of its grandparents if they have lost their children. Article 36. Brothers and sisters, being of the same flesh and blood, should love, respect and help one another. In cases where a child has no one to rely on, a brother or sister who has the ability to support him or her is bound to take care of him or her. Article 37. A child who is under age or a person who has no ability to work shall be supported by a member of the family who has the ability to provide for him or her. If there is no family member who has the ability to support him or her, either of the parents, children, grandparents, grandchildren, brothers or sisters who live separately shall support him or her. Article 38. A minor who has no one to support it and people who have no ability to work, as stipulated in Article 37 of this law, shall be taken into the care of the state. Article 39. In cases where family members are separated because of divorce or for some other reason the property of individuals shall be owned by each individual and family property shall be divided among the parties con cerned through mutual agreement. If no agreement can be reached, th eshall be settled by the court. Chapter IV . Guardianship Article 40. For a minor who is not cared for by its parents and for a who is incapacitated because of a physical disability a guardian s appointed. Article 41. The guardian of a minor may be its grandparents, brot sisters. The guardian of someone who is incapacitated because of bodily may be his or her partner, parent, child, grandparent, grandchild, brother or sister. In cases where there are several persons who are entitled to a guardian, a person who is regarded as being particularly competent for c out tutorial duties should be appointed as a guardian. Article 42. In cases where a minor or a person who is incapacitated because of bodily defect, has no guardian as indicated in Article 41 of this law or in cases where there are difficulties in choosing a guardian, the gaurdian shall be appointed by the population administration office. Article 43. A guardian shall manage the property of his or her ward as the ward's proxy. Article 44. A guardian shall bring up and educate his or her ward and care of him or her. Article 45. Supervision over the conduct of tutorial duties shall be exercised by the population administration office. Chapter V. Inheritance Article 46. When a citizen dies, his or her property shall be inherited by her partner, children or parents. In cases where there are no such people, it shall be inherited by his or her grandchildren, grandparents, or brothers and sisters. In cases where there is no inheritor as indicated in the preceding article, inheritance shall pass over to his or her nearest relative. Article 47. In cases where there are many inheritors with equal claims, their share shall be equal. In cases where an inheritor disclaims an inheritance, his or her share shall pass to others. Article 48. Even if a person is an inheritor under law, if he or she ill treated the deceased, did not take care of him or her properly or intentionally created conditions for the inheritance, he or she shall lose the right of inheritance. Article 49. In cases where an inheritor dies before the person who is to make the bequest, the former's children shall take the position of the deceased in the order of inheritance. Article 50. A citizen may bequeath his or her property by will. But if the will damages the interests of one who has been supported by the testator, it is invalid. Invalidity shall be declared by the court after application is made by the person concerned or the public procurator. Article 51. The inheritor shall bear the responsibility for any debts left unpaid by the deceased within the limit of the inheritance. court. Article 52. Acceptance or disclamation of an inheritance shall be done within six months. In cases where the inheritor has not been discovered within six months or relinquishes all the rights of inheritance, the property shall be handed over to the state treasury. Should no inheritor be discovered a court of justice may defer the term of acceptance or disclamation of the inheritance for a further six month period on request from a party concerned. Article 53. Problems associated with inheritage shall be settled by the court. Chapter VI. Sanctions Article 54. A citizen who violates this law shall be subjected to appropriate legal sanctions in consideration of the circumstances. Legal sanctions shall be applied in accordance with the judgement or decision of the court. |
||||||||||||||||||||||||||||||||||
|
||||||||||||||||||||||||||||||||||
|
Copyright 2002 NovexCn.com
|