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《民法典》婚姻家庭编七大重点条款详细解读
2020
09 /09
10:08
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最高人民法院司法案例研究院
《民法典》婚姻家庭编七大重点条款详细解读
  《民法典》婚姻家庭篇是在《婚姻法》《收养法》等法律法规的基础上制定而成,作为与大家日常生活最息息相关的部分,《民法典》公布后,离婚冷静期、夫妻共债等问题都引发了热议。

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  本编共 5 章,79 条,经过对比可知,《民法典》结合社会发展需要,仅完全保留 9 条原法条,修改了大部分规定,并增加了 9 条新规定。本文梳理了婚姻家庭编七大条款,逐一进行解读,以供大家参考。

 

      01、对禁止结婚条件的修改      

 

  第一千零四十八条 直系血亲或者三代以内的旁系血亲禁止结婚。

 

  第一千零五十三条 一方患有重大疾病的,应当在结婚登记前如实告知另一方;不如实告知的,另一方可以向人民法院请求撤销婚姻。

 

  请求撤销婚姻的,应当自知道或者应当知道撤销事由之日起一年内提出。

  法条沿革:《中华人民共和国婚姻法》(2001 修正)第七条:【禁止结婚】有下列情形之一的,禁止结婚:(一)直系血亲和三代以内的旁系血亲;(二)患有医学上认为不应当结婚的疾病。

 

  释义:

  1.《婚姻法》颁布后,患有医学上认为不应当结婚之疾病禁止结婚的规定一直存在很大的争议。哪些疾病是禁止结婚的疾病呢?医学的进步是否会对这些疾病的认定造成影响?该条是否会对婚姻自由过度干预呢?

  《民法典》婚姻家庭篇将本条中“患有医学上认为不应当结婚之疾病禁止结婚”的规定删除,并新增第 1053 条,规定了重大疾病婚前告知义务的规定,一方婚前不如实告知重大疾病的,另一方可以申请撤销。这一修订将婚姻的自主权交给了本人。

  2.血亲主要指出于同一祖先,有血缘关系的亲属,即自然血亲;也包括法律拟制的血亲,即虽无血缘联系,但法律确认其与自然血亲有同等权利义务的亲属。比如,养父母与养子女,继父母与受其抚养教育的继子女。禁止结婚的血亲有两类:

  直系血亲。包括父母子女间,祖父母、外祖父母与孙子女、外孙子女间。

  三代以内的旁系血亲。包括:(1)同源于父母的兄弟姊妹(含同父异母、同母异父的兄弟姊妺)。即同一父母的子女之间不能结婚。(2)不同辈的叔、伯、姑、舅、姨与侄(女)、甥(女)。

 

     02、无效婚姻的实质性修订


169. Don't let yesterday use up too much of today. 别留念昨天了,把握好今天吧。(Will Rogers) 170. If you are not brave enough, no one will back you up. 你不勇敢,没人替你坚强。171. If you don't build your dream, someone will hire you to build theirs. 如果你没有梦想,那么你只能为别人的梦想打工。172. Beauty is all around, if you just open your heart to see. 只要你给自己机会,你会发现你的世界可以很美丽。173. The difference in winning and losing is most often...not quitting. 赢与输的差别通常是--不放弃。(华特·迪士尼) 174. I am ordinary yet unique. 我很平凡,但我独一无二。175. I like people who make me laugh in spite of myself. 我喜欢那些让我笑起来的人,就算是我不想笑的时候。176. Image a new story for your life and start living it. 为你的生命想一个全新剧本,并去倾情出演吧!177. I'd rather be a happy fool than a sad sage. 做个悲伤的智者,不如做个开心的傻子。178. The future belongs to those who believe in the beauty of their dreams. 未来属于那些相信梦想之美的人。(埃莉诺·罗斯福) 179. Even if you get no applause, you should accept a curtain call gracefully and appreciate your own efforts. 即使没有人为你鼓掌,也要优雅的谢幕,感谢自己的认真付出。180. Don't let dream just be your dream. 别让梦想只停留在梦里。181. A day without laughter is a day wasted. 没有笑声的一天是浪费了的一天。(卓别林) 182. Travel and see the world; afterwards, you will be able to put your concerns in perspective. 去旅行吧,见的世面多了,你会发现原来在意的那些结根本算不了什么。183. The key to acquiring proficiency in any task is repetition. 任何事情成功关键都是熟能生巧。《生活大爆炸》 184. You can be happy no matter what. 开心一点吧,管它会怎样。185. A good plan today is better than a perfect plan tomorrow. 今天的好计划胜过明天的完美计划。186. Nothing is impossible, the word itself says 'I'm possible'! 一切皆有可能!“不可能”的意思是:“不,可能。”(奥黛丽·赫本) 187. Life isn't fair, but no matter your circumstances, you have to give it your all. 生活是不公平的,不管你的境遇如何,你只能全力以赴。188. No matter how hard it is, just keep going because you only fail when you give up. 无论多么艰难,都要继续前进,因为只有你放弃的那一刻,你才输了。     When Paul Jobs was mustered out of the Coast Guard after World War II, he made a wager with his crewmates. They had arrived in San Francisco, where their ship was decommissioned, and Paul bet that he would find himself a wife within two weeks. He was a taut, tattooed engine mechanic, six feet tall, with a passing resemblance to James Dean. But it wasn’t his looks that got him a date with Clara Hagopian, a sweet-humored daughter of Armenian immigrants. It was the fact that he and his friends had a car, unlike the group she had originally planned to go out with that evening. Ten days later, in March 1946, Paul got engaged to Clara and won his wager. It would turn out to be a happy marriage, one that lasted until death parted them more than forty years later. Paul Reinhold Jobs had been raised on a dairy farm in Germantown, Wisconsin. Even though his father was an alcoholic and sometimes abusive, Paul ended up with a gentle and calm disposition under his leathery exterior. After dropping out of high school, he wandered through the Midwest picking up work as a mechanic until, at age nineteen, he joined the Coast Guard, even though he didn’t know how to swim. He was deployed on the USS General M. C. Meigs and spent much of the war ferrying troops to Italy for General Patton. His talent as a machinist and fireman earned him commendations, but he occasionally found himself in minor trouble and never rose above the rank of seaman. Clara was born in New Jersey, where her parents had landed after fleeing the Turks in Armenia, and they moved to the Mission District of San Francisco when she was a child. She had a secret that she rarely mentioned to anyone: She had been married before, but her husband had been killed in the war. So when she met Paul Jobs on that first date, she was primed to start a new life. Clara, however, loved San Francisco, and in 1952 she convinced her husband to move back there. They got an apartment in the Sunset District facing the Pacific, just south of Golden Gate Park, and he took a job working for a finance company as a “repo man,” picking the locks of cars whose owners hadn’t paid their loans and repossessing them. He also bought, repaired, and sold some of the cars, making a decent enough living in the process. There was, however, something missing in their lives. They wanted children, but Clara had suffered an ectopic pregnancy, in which the fertilized egg was implanted in a fallopian tube rather than the uterus, and she had been unable to have any. So by 1955, after nine years of marriage, they were looking to adopt a child. Like Paul Jobs, Joanne Schieble was from a rural Wisconsin family of German heritage. Her father, Arthur Schieble, had immigrated to the outskirts of Green Bay, where he and his wife owned a mink farm and dabbled successfully in various other businesses, including real estate and photoengraving. He was very strict, especially regarding his daughter’s relationships, and he had strongly disapproved of her first love, an artist who was not a Catholic. Thus it was no surprise that he threatened to cut Joanne off completely when, as a graduate student at the University of Wisconsin, she fell in love with Abdulfattah “John” Jandali, a Muslim teaching assistant from Syria. Jandali was the youngest of nine children in a prominent Syrian family. His father owned oil refineries and multiple other businesses, with large holdings in Damascus and Homs, and at one point pretty much controlled the price of wheat in the region. His mothe凝固的熔岩流。火星上常常有猛烈的大风,大风扬起沙尘能形成可以覆盖火星全球的特大型沙尘暴。每次沙尘暴可持续数个星期。火星两极的冰冠和火星大气中含有水份。从火星表面获得的探测数据证明,在远古时期,火星曾经有过液态的水,而且水量特别大。[51] 土星是离太阳第六颗行星,直径120536㎞,体积仅次于木星。主要由氢组成,还有少量的氦与微量元素,内部的核心包括岩石和冰,外围由数层金属氢和气体包裹着。地球距离土星13亿公里。土星的引力比地球强2.5倍,能够牵引太阳系内其它行星,使地球处于一个椭圆轨道中运行,并且与太阳保持适当距离,适宜生命繁衍。当土星轨道倾斜20度将使地球轨道比金星轨道更接近太阳,同时,这将导致火星完全离开太阳系。[52]  土星是已知唯一密度小于水的行星,假如能够将土星放入一个巨大的浴池之中,它将可以漂浮起来。土星有一个巨大的磁气圈和一个狂风肆虐的大气层,赤道附近的风速可达1800千米/时。在环绕土星运行的31颗卫星中间,土卫六是最大的一颗,比水星和月球还大,也是太阳系中唯一拥有浓厚大气层的卫星。[53] 天王星是离太阳第七颗行星,51118km。体积约为地球的65倍,在九大行星中仅次于木星和土星。天王星的大气层中83%是氢,15%为氦,2%为甲烷以及少量的乙炔和碳氢化合物。上层大气层的甲烷吸收红光,使天王星呈现蓝绿色。大气在固定纬度集结成云层,类似于木星和土星在纬线上鲜艳的条状色带。天王星云层的平均温度为零下193摄氏度。质量为8.6810±13×10²⁵kg,相当于地球质量的14.63倍。密度较小,只有1.24克/立方厘米,为海王星密度值的74.7%。[54] 恒星 恒星 海王星是离太阳的第八颗行星,直径49532千米。海王星绕太阳运转的轨道半径为45亿千米,公转一周需要165年。海王星的直径和天王星类似,质量比天王星略大一些。海王星和天王星的主要大气成分都是氢和氦,内部结构也极为相近,所以说海王星与天王星是一对孪生兄弟。[55]  海王星有太阳系最强烈的风,测量到的时速高达2100公里。海王星云顶的温度是-218 °C,是太阳系最冷的地区之一。海王星核心的温度约为7000 °C,可以和太阳的表面比较。海王星在1846年9月23日被发现,是唯一利用数学预测而非有计划的观测发现的行星。[56] 冥王星,位于海王星以外的柯伊伯带内侧,是柯伊伯带中已知的最大天体。[57]  直径约为2370±20km,是地球直径的18.5%。[58]  2006年8月24日,国际天文学联合会大会24日投票决定,不再将传统九大行星之一的冥王星视为行星,而将其列入“矮行星”。大会通过的决议规定,“行星”指的是围绕太阳运转、自身引力足以克服其刚体力而使天体呈圆球状、能够清除其轨道附近其他物体的天体。在太阳系传统的“九大行星”中,只有水星、金星、地球、火星、木星、土星、天王星和海王星符合这些要求。冥王星由于其轨道与海王星的轨道相交,不符合新的行星定义,因此被自动降级为“矮行星”。[59]  冥王星的表面温度大概在-238到-228℃之间。冥王星的成份由70%岩石和30%冰水混合而成的。地表上光亮的部分可能覆盖着一些固体氮以及少量 卫星拍月球经过地球,可见清晰月球背面 卫星拍月球经过地球,可见清晰月球背面 [60] 的固体甲烷和一氧化碳,冥王星表面的黑暗部分可能是一些基本的有机物质或是由宇宙射线引发的光化学反应。冥王星的大气层主要由氮和少量的一氧化碳及甲烷组成。大气极其稀薄,地面压强只有少量微帕。[61] 地球是离太阳第三颗行星,是我们人类的家乡,尽管地球是太阳系中一颗普通的行星,但它在许多方面都是独一无二的。比如,它是太阳系中唯一一颗面积大部分被水覆盖的行星,也是目前所知唯一一颗有生命存在的星球。质量M=5.9742 ×10^24 公斤,表面温度:t = - 30 ~ +45。[62]  英国科研人员在《天体生物学》杂志上报告说,如果没有小行星撞击等可能剧烈改变环境的事件发生,地球适宜人类居住的时间还剩约17.5亿年,不过人为造成的气候变化可能缩短这一时间。[63] 彗星是由灰尘和冰块组成的太阳系中的一类小天体,绕日运动。[64]  科学家使用探测器对彗星的化学遗留物进行分析,发现其主要成份为氨、甲烷、硫化氢、氰化氢和甲醛。科学家得出结论称,彗星的气味闻起来像是臭鸡蛋、马尿、酒精和苦杏仁的气味综合。[65-66] “67P/楚留莫夫-格拉希门克”彗星 “67P/楚留莫夫-格拉希门克”彗星 [67] 在太阳系的周围还包裹着一个庞大的“奥尔特云”。星云内分布着不计其数的冰块、雪团和碎石。其中的某些会受太阳引力影响飞入内太阳系,这学说,在原有的轨道(或称小天体轨道)上又增加了更多的天体运行轨道。这一模式称每颗行星都沿着一个小轨道作圆周运行,而小轨道又沿着该行星的大轨道绕地球作圆周运动。几百年之后,这一模式的漏洞越来越明显。科学家们又在这个模式上增加了许多轨道,行星就这样沿着一道又一道的轨道作圆周运动。哥白尼想用“现代”(16世纪的)技术来改进托勒密的测量结果,以期取消一些小轨道。在长达近20年的时间里,哥白尼不辞辛劳日夜测量行星的位置,但其测量获得的结果仍然与托勒密的天体运行模式没有多少差别。哥白尼想知道在另一个运行着的行星上观察这些行星的运行情况会是什么样的。基于这种设想,哥白尼萌发了一个念头:假如地球在运行中,那么这些行星的运行看上去会是什么情况呢?这一设想在他脑海里变得清晰起来了。一年里,哥白尼在不同的时间、不同的距离从地球上观察行星,每一个行星的情况都不相同,这是他意识到地球不可能位于星星轨道的中心。经过20年的观测,哥白尼发现唯独太阳的周年变化不明显。这意味着地球和太阳的距离始终没有改变。如果地球不是宇宙的中心,那么宇宙的中心就是太阳。的发现才使牛顿有能力确定运动定律和万有引力定律。哥白尼的日心宇宙体系既然是时代的产物,它就不能不受到时代的限制。反对神学的不彻底性,同时表现在哥白尼的某些观点上,他的体系是存在缺陷的。哥白尼所指的宇宙是局限在一个小的范围内的,具体来说,他的宇宙结构就是今天我们所熟知的太阳系,即以太阳为中心的天体系统。宇宙既然有它的中心,就必须有它的边界,哥白尼虽然否定了托勒玫的“九重天”,但他却保留了一层恒星天,尽管他回避了宇宙是否有限这个问题,但实际上他是相信恒星天球是宇宙的“外壳”,他仍然相信天体只能按照所谓完美的圆形轨道运动,所以哥白尼的宇宙体系,仍然包含着不动的中心天体。但是作为近代自然科学的奠基人,哥白尼的历史功绩是伟大的。确认地球不是宇宙的中心,而是行星之一,从而掀起了一场天文学上根本性的革命,是人类探求客观真理道路上的里程碑。哥白尼的伟大成就,不仅铺平了通向近代天文学的道路,而且开创了整个自然界科学向前迈进的新时代。从哥白尼时代起,脱离教会束缚的自然科学和哲学开始获得飞跃的发展。哥白尼的科学成就,是他所处时代的产物,又转过来推动了时代的发展。顺应时代变化 十五、六世纪的欧洲,正是从封建社会向资本主义社会转变的关键时期,在这一二百年间,社会发生了巨大的变化。14世纪ndali soon after. She held out hope, she would later tell family members, sometimes tearing up at the memory, that once they were married, she could get their 别让梦想只停留在梦里。181. A day without laughter is a day wasted. 没有笑声的一天是浪费了的一天。(卓别林) 182. Travel and see the world; afterwards, you will be able to put your concerns in perspective. 去旅行吧,见的世面多了,你会发现原来在意的那些结根本算不了什么。183. The key to acquiring proficiency in any task is repetition. 任何事情成功关键都是熟能生巧。《生活大爆炸》 184. You can be happy no matter what. 开心一点吧,管它会怎样。baby boy back. Arthur Schieble died in August 1955, after the adoption was finalized. Just after Christmas that year, Joanne and Abdulfattah were married in St. Philip the Apostle Catholic Church in Green Bay. He got his PhD in international politics the next year, and then they had another child, a girl named Mona. After she and Jandali divorced in 1962, Joanne embarked on a dreamy and peripatetic life that her daughter, who grew up to become the acclaimed novelist Mona Simpson, would capture in her book Anywhere but Here. Because Steve’s adoption had been closed, it would be twenty years before they would all find each other. Steve Jobs knew from an early age that he was adopted. “My parents were very open with me about that,” he recalled. He had a vivid memory of sitting on the lawn of his house, when he was six or seven years old, telling the girl who lived across the street. “So does that mean your real parents didn’t want you?” the girl asked. “Lightning bolts went off in my head,” according to Jobs. “I remember running into the house, crying. And my parents said, ‘No, you have to understand.’ They were very serious and looked me straight in the eye. They said, ‘We specifically picked you out.’ Both of my parents said that and repeated it slowly for me. And they put an emphasis on every word in that sentence.” Abandoned. Chosen. Special. Those concepts became part of who Jobs was and how he regarded himself. His closest friends think that the knowledge that he was given up at birth left some scars. “I think his desire for complete control of whatever he makes derives directly from his personality and the fact that he was abandoned at birth,” said one longtime colleague, Del Yocam. “He wants to control his environment, and he sees the product as an extension of himself.” Greg Calhoun, who became close to Jobs right after college, saw another effect. “Steve talked to me a lot about being abandoned and the pain that caused,” he said. “It made him independent. He followed the beat of a different drummer, and that came from being in a different world than he was born into.” Later in life, when he was the same age his biological father had been when he abandoned him, Jobs would father and abandon a child of his own. (He eventually took responsibility for her.) Chrisann Brennan, the mother of that child, said that being put up for adoption left Jobs “full of broken glass,” and it helps to explain some of his behavior. “He who is abandoned is an abandoner,” she said. Andy Hertzfeld, who worked with Jobs at Apple in the early 1980s, is among the few who remained close to both Brennan and Jobs. “The key question about Steve is why he can’t control himself at times from being so reflexively cruel and harmful to some people,” he said. “That goes back to being abandoned at birth. The real underlying problem was the theme of abandonment in Steve’s life.” Jobs dismissed this. “There’s some notion that because I was abandoned, I worked very hard so I could do well and make my parents wish they had me back, or some such nonsense, but that’s ridiculous,” he insisted. “Knowing I was adopted may have made me feel more independent, but I have never felt abandoned. I’ve always felt special. My parents made me feel special.” He would later bristle whenever anyone referred to Paul and Clara Jobs as his “adoptive” parents or implied that they were not his “real” parents. “They were my parents 1,000%,” he said. When speaking about his biological parents, on the other hand, he was curt: “They were my sperm and egg bank. That’s not harsh, it’s just the way it was, a sperm bank thing, nothing more.” Silicon Valley The childhood that Paul and Clara Jobs created for their new son was, in many ways, a stereotype of the late 1950s. When Steve was two they adopted a girl they named Patty, and three years later they moved to a tract house in the suburbs. The finance company where Paul worked as a repo man, CIT, had transferred him down to its Palo Alto office, but he could not afford to live there, so they landed in a subdivision in Mountain View, a less expensive town just to the south. There Paul tried to pass along his love of mechanics and cars. “Steve, this is your workbench now,” he said as he marked off a section of the table in their garage. Jobs remembered being impressed by his father’s focus on craftsmanship. “I thought my dad’s sense of design was pretty good,” he said, “because he knew how to build anything. If we needed a cabinet, he would build it. When he built our fence, he gave me a hammer so I could work with him.” Fifty years later the fence still surrounds the back and side yards of the house in Mountain View. As Jobs showed it off to me, he caressed the stockade panels and recalled a lesson that his father implanted deeply in him. It was important, his father said, to craft the backs of cabinets and fences properly, even though they were hidden. “He loved doing things right. He even cared about the look of the parts you couldn’t see.” His father continued to refurbish and resell used cars, and he festooned the garage with pictures of his favorites. He would point out the detailing of the design to his son: the lines, the vents, the chrome, the trim of the seats. After work each day, he would change into his dungarees and retreat to the garage, often with Steve tagging along. “I figured I could get him nailed down with a little mechanical ability, but he really wasn’t interested in getting his hands dirty,” Paul later recalled. “He never really cared too much about m189. It requires hard work to give off an appearance of effortlessness. 你必须十分努力,才能看起来毫不费力。190. Life is like riding a bicycle.To keep your balance,you must keep moving. 人生就像骑单车,只有不断前进,才能保持平衡。(爱因斯坦) 191. Be thankful for what you have.You'll end up having more. 拥有一颗感恩的心,最终你会得到更多。192. Beauty is how you feel inside, and it reflects in your eyes. 美是一种内心的感觉,并反映在你的眼睛里。(索菲亚·罗兰) 193. Friendship doubles your joys, and divides your sorrows. 朋友的作用,就是让你快乐加倍,痛苦减半。194. When you long for something sincerely, the whole world will help you. 当你真心渴望某样东西时,整个宇宙都会来帮忙。echanical things.” “I wasn’t that into fixing cars,” Jobs admitted. “But I was eager to hang out with my dad.” Even as he was growing more aware that he had been adopted, he was becoming more attached to his father. One day when he was about eight, he discovered a photograph of his father from his time in the Coast Guard. “He’s in the engine room, and he’s got his shirt off and looks like James Dean. It was one of those Oh wow moments for a kid. Wow, oooh, my parents were actually once very young and really good-looking.” Through cars, his father gave Steve his first exposure to electronics. “My dad did not have a deep understanding of electronics, but he’d encountered it a lot in automobiles and other things he would fix. He showed me the rudiments of electronics, and I got very interested in that.” Even more interesting were the trips to scavenge for parts. “Every weekend, there’d be a junkyard trip. We’d be looking for a generator, a carburetor, all sorts of components.” He remembered watching his father negotiate at the counter. “He was a good bargainer, because he knew better than the guys at the counter what the parts should cost.” This helped fulfill the pledge his parents made when he was adopted. “My college fund came from my dad paying $50 for a Ford Falcon or some other beat-up car that didn’t run, working on it for a few weeks, and selling it for $250—and not telling the IRS.” The Jobses’ house and the others in their neighborhood were built by the real estate developer Joseph Eichler, whose company spawned more than eleven thousand homes in various California subdivisions between 1950 and 1974. Inspired by Frank Lloyd Wright’s vision of simple modern homes for the American “everyman,” Eichler built inexpensive houses that featured floor-to-ceiling glass walls, open floor plans, exposed post-and-beam construction, concrete slab floors, and lots of sliding glass doors. “Eichler did a great thing,” Jobs said on one of our walks around the neighborhood. “His houses were smart and cheap and good. They brought clean design and simple taste to lower-income people. They had awesome little features, like radiant heating in the floors. You put carpet on them, and we had nice toasty floors when we were kids.” Jobs said that his appreciation for Eichler homes instilled in him a passion for making nicely designed products for the mass market. “I love it when you can bring really great design and simple capability to something that doesn’t cost much,” he said as he pointed out the clean elegance of the houses. “It was the original vision for Apple. That’s what we tried to do with the first Mac. That’s what we did with the iPod.” Across the street from the Jobs family lived a man who had become successful as a real estate agent. “He wasn’t that bright,” Jobs recalled, “but he seemed to be making a fortune. So my dad thought, ‘I can do that.’ He worked so hard, I remember. He took these night classes, passed the license test, and got into real estate. Then the bottom fell out of the market.” As a result, the family found itself financially strapped for a year or so while Steve was in elementary school. His mother took a job as a bookkeeper for Varian Associates, a company that made scientific instruments, and they took out a second mortgage. One day his fourth-grade teacher asked him, “What is it you don’t understand about the universe?” Jobs replied, “I don’t understand why all of a sudden my dad is so broke.” He was proud that his father never adopted a servile attitude or slick style that may have made him a better salesman. “You had to suck up to people to sell real estate, and he wasn’t good at that and it wasn’t in his nature. I admired him for that.” Paul Jobs went back to being a mechanic. His father was calm and gentle, traits that his son later praised more than emulated. He was also resolute. Jobs described one exampl What made the neighborhood different from the thousands of other spindly-tree subdivisions across America was that even the ne’er-do-wells tended to be engineers. “When we moved here, there were apricot and plum orchards on all of these corners,” Jobs recalled. “But it was beginning to boom because of military investment.” He soaked up the history of the valley and developed a yearning to play his own role. Edwin Land of Polaroid later told him about being asked by Eisenhower to help build the U-2 spy plane cameras to see how real the Soviet threat was. The film was dropped in canisters and returned to the NASA Ames Research Center in Sunnyvale, not far from where Jobs lived. “The first computer terminal I ever saw was when my dad brought me to the Ames Center,” he said. “I fell totally in love with it.” Other defense contractors sprouted nearby during the 1950s. The Lockheed Missiles and Space Division, which built submarine-launched ballistic missiles, was founded in 1956 next to the NASA Center; by the time Jobs moved to the area four years later, it employed twenty thousand people. A few hundred yards away, Westinghouse built facilities that produced tubes and electrical transformers for the missile systems. “You had all these military companies on the cutting edge,” he recalled. “It was mysterious and high-tech and made living here very exciting.” In the wake of the defense industries there arose a booming economy based on technology. Its roots stretched back to 1938, when David Packard and his new wife moved into a house in Palo Alto that had a shed where his friend Bill Hewlett was soon ensconced. The house had a garage—an appendage that would prove both useful and iconic in the valley—in which they tinkered around until they had their first product, an audio oscillator. By the 1950s, Hewlett-Packard was a fast-growing company making technical instruments. Fortunately there was a place nearby for entrepreneurs who had outgrown their garages. In a move that would help transform the area into the cradle of the tech revolution, Stanford University’s dean of engineering, Frederick Terman, created a seven-hundred-acre industrial park on university land for private companies that could commercialize the ideas of his students. Its first tenant was Varian Associates, where Clara Jobs worked. “Terman came up with this great idea that did more than anything to cause the tech industry to grow up here,” Jobs said. By the time Jobs was ten, HP had nine thousand employees and was the blue-chip company where every engineer seeking financial stability wanted to work. The most important technology for the region’s growth was, of course, the semiconductor. William Shockley, who had been one of the inventors of the transistor at Bell Labs in New Jersey, moved out to Mountain View and, in 1956, started a company to build transistors using silicon rather than the more expensive germanium that was then commonly used. But Shockley became increasingly erratic and abandoned his silicon transistor project, which led eight of his engineers—most notably Robert Noyce and Gordon Moore—to break away to form Fairchild Semiconductor. That company grew to twelve thousand employees, but it fragmented in 1968, when Noyce lost a power struggle to become CEO. He took Gordon Moore and founded a company that they called Integrated Electronics Corporation, which they soon smartly abbreviated to Intel. Their third employee was Andrew Grove, who later would grow the company by shifting its focus from memory chips to microprocessors. Within a few years there would be more than fifty companies in the area making semiconductors. The exponential growth of this industry was correlated with the phenomenon famously discovered by Moore, who in 1965 drew a graph of the speed of integrated circuits, based on the number of transistors that could be placed on a chip, and showed that it doubled about every two years, a trajectory that could be expected to continue. This was reaffirmed in 1971, when Intel was able to etch a complete central processing unit onto one chip, the Intel 4004, tronic amplifier. “So I raced home, and I told my dad that he was wrong.” “No, it needs an amplifier,” his father assured him. When Steve protested otherwise, his father said he was crazy. “It can’t work without an amplifier. There’s some trick.” “I kept saying no to my dad, telling him he had to see it, and finally he actually walked down with me and saw it. And he said, ‘Well I’ll be a bat out of hell.’” Jobs recalled the incident vividly because it was his first realization that his father did not know everything. Then a more disconcerting discovery began to dawn on him: He was smarter than his parents. He had always admired his father’s competence and savvy. “He was not an educated man, but I had always thought he was pretty damn smart. He didn’t read much, but he could do a lot. Almost everything mechanical, he could figure it out.” Yet the carbon microphone incident, Jobs said, began a jarring process of realizing that he was in fact more clever and quick than his parents. “It was a very big moment that’s burned into my mind. When I realized that I was smarter than my parents, I felt tremendous shame for having thought that. I will never forget that moment.” This discovery, he later told friends, along with the fact that he was adopted, made him feel apart—detached and separate—from both his family and the world. Another layer of awareness occurred soon after. Not only did he discover that he was brighter than his parents, but he discovered that they knew this. Paul and Clara Jobs were loving parents, and they were willing to adapt their lives to suit a son who was very smart—and also willful. They would go to great lengths to accommodate him. And soon Steve discovered this fact as well. “Both my parents got me. They felt a lot of responsibility once they sensed that I was special. They found ways to keep feeding me stuff and putting me in better schools. They were willing to defer to my needs.” So he grew up not only with a sense of having once been abandoned, but also with a sense that he was special. In his own mind, that was more important in the formation of his personality. School Even before Jobs started elementary school, his mother had taught him how to read. This, however, led to some problems once he got to school. “I was kind of bored for the first few years

 

  第一千零五十一条 有下列情形之一的,婚姻无效:(一)重婚;(二)有禁止结婚的亲属关系;(三)未到法定婚龄。

 

  法条沿革:《中华人民共和国婚姻法》(2001修正)第十条:【婚姻无效】有下列情形之一的,婚姻无效:

  (一)重婚的;

  (二)有禁止结婚的亲属关系的;

  (三)婚前患有医学上认为不应当结婚的疾病,婚后尚未治愈的;

  (四)未到法定婚龄的。

 

  释义:

  本条删除了“婚前患有医学上认为不应当结婚的疾病,婚后尚未治愈的”婚姻无效情形。无效婚姻,是指欠缺婚姻成立的法定条件而不发生法律效力的男女两性的结合。

  那么,为什么要确立无效婚姻制度呢?

  结婚应当符合一定的条件,如结婚必须男女双方完全自愿;结婚年龄,男不得早于 22 周岁,女不得早于 20 周岁;直系血亲和三代以内旁系血亲不得结婚等。

  但现实生活中,由于当事人弄虚作假、欺骗婚姻登记机关或者婚姻登记机关不依法履行职责等原因,使某些不符合结婚条件的男女当事人也经婚姻登记机关办理了结婚登记手续成为夫妻。

  对这些不符合法律规定的婚姻,当然不能承认其具有法律上的婚姻效力。因此,从完备我国婚姻家庭法律制度的角度出发,婚姻家庭编对无效婚姻作出明确规定。

 

     03、无效或者被撤销婚姻法律后果


169. Don't let yesterday use up too much of today. 别留念昨天了,把握好今天吧。(Will Rogers) 170. If you are not brave enough, no one will back you up. 你不勇敢,没人替你坚强。171. If you don't build your dream, someone will hire you to build theirs. 如果你没有梦想,那么你只能为别人的梦想打工。172. Beauty is all around, if you just open your heart to see. 只要你给自己机会,你会发现你的世界可以很美丽。173. The difference in winning and losing is most often...not quitting. 赢与输的差别通常是--不放弃。(华特·迪士尼) 174. I am ordinary yet unique. 我很平凡,但我独一无二。175. I like people who make me laugh in spite of myself. 我喜欢那些让我笑起来的人,就算是我不想笑的时候。176. Image a new story for your life and start living it. 为你的生命想一个全新剧本,并去倾情出演吧!177. I'd rather be a happy fool than a sad sage. 做个悲伤的智者,不如做个开心的傻子。178. The future belongs to those who believe in the beauty of their dreams. 未来属于那些相信梦想之美的人。(埃莉诺·罗斯福) 179. Even if you get no applause, you should accept a curtain call gracefully and appreciate your own efforts. 即使没有人为你鼓掌,也要优雅的谢幕,感谢自己的认真付出。180. Don't let dream just be your dream. 别让梦想只停留在梦里。181. A day without laughter is a day wasted. 没有笑声的一天是浪费了的一天。(卓别林) 182. Travel and see the world; afterwards, you will be able to put your concerns in perspective. 去旅行吧,见的世面多了,你会发现原来在意的那些结根本算不了什么。183. The key to acquiring proficiency in any task is repetition. 任何事情成功关键都是熟能生巧。《生活大爆炸》 184. You can be happy no matter what. 开心一点吧,管它会怎样。185. A good plan today is better than a perfect plan tomorrow. 今天的好计划胜过明天的完美计划。186. Nothing is impossible, the word itself says 'I'm possible'! 一切皆有可能!“不可能”的意思是:“不,可能。”(奥黛丽·赫本) 187. Life isn't fair, but no matter your circumstances, you have to give it your all. 生活是不公平的,不管你的境遇如何,你只能全力以赴。188. No matter how hard it is, just keep going because you only fail when you give up. 无论多么艰难,都要继续前进,因为只有你放弃的那一刻,你才输了。     When Paul Jobs was mustered out of the Coast Guard after World War II, he made a wager with his crewmates. They had arrived in San Francisco, where their ship was decommissioned, and Paul bet that he would find himself a wife within two weeks. He was a taut, tattooed engine mechanic, six feet tall, with a passing resemblance to James Dean. But it wasn’t his looks that got him a date with Clara Hagopian, a sweet-humored daughter of Armenian immigrants. It was the fact that he and his friends had a car, unlike the group she had originally planned to go out with that evening. Ten days later, in March 1946, Paul got engaged to Clara and won his wager. It would turn out to be a happy marriage, one that lasted until death parted them more than forty years later. Paul Reinhold Jobs had been raised on a dairy farm in Germantown, Wisconsin. Even though his father was an alcoholic and sometimes abusive, Paul ended up with a gentle and calm disposition under his leathery exterior. After dropping out of high school, he wandered through the Midwest picking up work as a mechanic until, at age nineteen, he joined the Coast Guard, even though he didn’t know how to swim. He was deployed on the USS General M. C. Meigs and spent much of the war ferrying troops to Italy for General Patton. His talent as a machinist and fireman earned him commendations, but he occasionally found himself in minor trouble and never rose above the rank of seaman. Clara was born in New Jersey, where her parents had landed after fleeing the Turks in Armenia, and they moved to the Mission District of San Francisco when she was a child. She had a secret that she rarely mentioned to anyone: She had been married before, but her husband had been killed in the war. So when she met Paul Jobs on that first date, she was primed to start a new life. Clara, however, loved San Francisco, and in 1952 she convinced her husband to move back there. They got an apartment in the Sunset District facing the Pacific, just south of Golden Gate Park, and he took a job working for a finance company as a “repo man,” picking the locks of cars whose owners hadn’t paid their loans and repossessing them. He also bought, repaired, and sold some of the cars, making a decent enough living in the process. There was, however, something missing in their lives. They wanted children, but Clara had suffered an ectopic pregnancy, in which the fertilized egg was implanted in a fallopian tube rather than the uterus, and she had been unable to have any. So by 1955, after nine years of marriage, they were looking to adopt a child. Like Paul Jobs, Joanne Schieble was from a rural Wisconsin family of German heritage. Her father, Arthur Schieble, had immigrated to the outskirts of Green Bay, where he and his wife owned a mink farm and dabbled successfully in various other businesses, including real estate and photoengraving. He was very strict, especially regarding his daughter’s relationships, and he had strongly disapproved of her first love, an artist who was not a Catholic. Thus it was no surprise that he threatened to cut Joanne off completely when, as a graduate student at the University of Wisconsin, she fell in love with Abdulfattah “John” Jandali, a Muslim teaching assistant from Syria. Jandali was the youngest of nine children in a prominent Syrian family. His father owned oil refineries and multiple other businesses, with large holdings in Damascus and Homs, and at one point pretty much controlled the price of wheat in the region. His mothe凝固的熔岩流。火星上常常有猛烈的大风,大风扬起沙尘能形成可以覆盖火星全球的特大型沙尘暴。每次沙尘暴可持续数个星期。火星两极的冰冠和火星大气中含有水份。从火星表面获得的探测数据证明,在远古时期,火星曾经有过液态的水,而且水量特别大。[51] 土星是离太阳第六颗行星,直径120536㎞,体积仅次于木星。主要由氢组成,还有少量的氦与微量元素,内部的核心包括岩石和冰,外围由数层金属氢和气体包裹着。地球距离土星13亿公里。土星的引力比地球强2.5倍,能够牵引太阳系内其它行星,使地球处于一个椭圆轨道中运行,并且与太阳保持适当距离,适宜生命繁衍。当土星轨道倾斜20度将使地球轨道比金星轨道更接近太阳,同时,这将导致火星完全离开太阳系。[52]  土星是已知唯一密度小于水的行星,假如能够将土星放入一个巨大的浴池之中,它将可以漂浮起来。土星有一个巨大的磁气圈和一个狂风肆虐的大气层,赤道附近的风速可达1800千米/时。在环绕土星运行的31颗卫星中间,土卫六是最大的一颗,比水星和月球还大,也是太阳系中唯一拥有浓厚大气层的卫星。[53] 天王星是离太阳第七颗行星,51118km。体积约为地球的65倍,在九大行星中仅次于木星和土星。天王星的大气层中83%是氢,15%为氦,2%为甲烷以及少量的乙炔和碳氢化合物。上层大气层的甲烷吸收红光,使天王星呈现蓝绿色。大气在固定纬度集结成云层,类似于木星和土星在纬线上鲜艳的条状色带。天王星云层的平均温度为零下193摄氏度。质量为8.6810±13×10²⁵kg,相当于地球质量的14.63倍。密度较小,只有1.24克/立方厘米,为海王星密度值的74.7%。[54] 恒星 恒星 海王星是离太阳的第八颗行星,直径49532千米。海王星绕太阳运转的轨道半径为45亿千米,公转一周需要165年。海王星的直径和天王星类似,质量比天王星略大一些。海王星和天王星的主要大气成分都是氢和氦,内部结构也极为相近,所以说海王星与天王星是一对孪生兄弟。[55]  海王星有太阳系最强烈的风,测量到的时速高达2100公里。海王星云顶的温度是-218 °C,是太阳系最冷的地区之一。海王星核心的温度约为7000 °C,可以和太阳的表面比较。海王星在1846年9月23日被发现,是唯一利用数学预测而非有计划的观测发现的行星。[56] 冥王星,位于海王星以外的柯伊伯带内侧,是柯伊伯带中已知的最大天体。[57]  直径约为2370±20km,是地球直径的18.5%。[58]  2006年8月24日,国际天文学联合会大会24日投票决定,不再将传统九大行星之一的冥王星视为行星,而将其列入“矮行星”。大会通过的决议规定,“行星”指的是围绕太阳运转、自身引力足以克服其刚体力而使天体呈圆球状、能够清除其轨道附近其他物体的天体。在太阳系传统的“九大行星”中,只有水星、金星、地球、火星、木星、土星、天王星和海王星符合这些要求。冥王星由于其轨道与海王星的轨道相交,不符合新的行星定义,因此被自动降级为“矮行星”。[59]  冥王星的表面温度大概在-238到-228℃之间。冥王星的成份由70%岩石和30%冰水混合而成的。地表上光亮的部分可能覆盖着一些固体氮以及少量 卫星拍月球经过地球,可见清晰月球背面 卫星拍月球经过地球,可见清晰月球背面 [60] 的固体甲烷和一氧化碳,冥王星表面的黑暗部分可能是一些基本的有机物质或是由宇宙射线引发的光化学反应。冥王星的大气层主要由氮和少量的一氧化碳及甲烷组成。大气极其稀薄,地面压强只有少量微帕。[61] 地球是离太阳第三颗行星,是我们人类的家乡,尽管地球是太阳系中一颗普通的行星,但它在许多方面都是独一无二的。比如,它是太阳系中唯一一颗面积大部分被水覆盖的行星,也是目前所知唯一一颗有生命存在的星球。质量M=5.9742 ×10^24 公斤,表面温度:t = - 30 ~ +45。[62]  英国科研人员在《天体生物学》杂志上报告说,如果没有小行星撞击等可能剧烈改变环境的事件发生,地球适宜人类居住的时间还剩约17.5亿年,不过人为造成的气候变化可能缩短这一时间。[63] 彗星是由灰尘和冰块组成的太阳系中的一类小天体,绕日运动。[64]  科学家使用探测器对彗星的化学遗留物进行分析,发现其主要成份为氨、甲烷、硫化氢、氰化氢和甲醛。科学家得出结论称,彗星的气味闻起来像是臭鸡蛋、马尿、酒精和苦杏仁的气味综合。[65-66] “67P/楚留莫夫-格拉希门克”彗星 “67P/楚留莫夫-格拉希门克”彗星 [67] 在太阳系的周围还包裹着一个庞大的“奥尔特云”。星云内分布着不计其数的冰块、雪团和碎石。其中的某些会受太阳引力影响飞入内太阳系,这学说,在原有的轨道(或称小天体轨道)上又增加了更多的天体运行轨道。这一模式称每颗行星都沿着一个小轨道作圆周运行,而小轨道又沿着该行星的大轨道绕地球作圆周运动。几百年之后,这一模式的漏洞越来越明显。科学家们又在这个模式上增加了许多轨道,行星就这样沿着一道又一道的轨道作圆周运动。哥白尼想用“现代”(16世纪的)技术来改进托勒密的测量结果,以期取消一些小轨道。在长达近20年的时间里,哥白尼不辞辛劳日夜测量行星的位置,但其测量获得的结果仍然与托勒密的天体运行模式没有多少差别。哥白尼想知道在另一个运行着的行星上观察这些行星的运行情况会是什么样的。基于这种设想,哥白尼萌发了一个念头:假如地球在运行中,那么这些行星的运行看上去会是什么情况呢?这一设想在他脑海里变得清晰起来了。一年里,哥白尼在不同的时间、不同的距离从地球上观察行星,每一个行星的情况都不相同,这是他意识到地球不可能位于星星轨道的中心。经过20年的观测,哥白尼发现唯独太阳的周年变化不明显。这意味着地球和太阳的距离始终没有改变。如果地球不是宇宙的中心,那么宇宙的中心就是太阳。的发现才使牛顿有能力确定运动定律和万有引力定律。哥白尼的日心宇宙体系既然是时代的产物,它就不能不受到时代的限制。反对神学的不彻底性,同时表现在哥白尼的某些观点上,他的体系是存在缺陷的。哥白尼所指的宇宙是局限在一个小的范围内的,具体来说,他的宇宙结构就是今天我们所熟知的太阳系,即以太阳为中心的天体系统。宇宙既然有它的中心,就必须有它的边界,哥白尼虽然否定了托勒玫的“九重天”,但他却保留了一层恒星天,尽管他回避了宇宙是否有限这个问题,但实际上他是相信恒星天球是宇宙的“外壳”,他仍然相信天体只能按照所谓完美的圆形轨道运动,所以哥白尼的宇宙体系,仍然包含着不动的中心天体。但是作为近代自然科学的奠基人,哥白尼的历史功绩是伟大的。确认地球不是宇宙的中心,而是行星之一,从而掀起了一场天文学上根本性的革命,是人类探求客观真理道路上的里程碑。哥白尼的伟大成就,不仅铺平了通向近代天文学的道路,而且开创了整个自然界科学向前迈进的新时代。从哥白尼时代起,脱离教会束缚的自然科学和哲学开始获得飞跃的发展。哥白尼的科学成就,是他所处时代的产物,又转过来推动了时代的发展。顺应时代变化 十五、六世纪的欧洲,正是从封建社会向资本主义社会转变的关键时期,在这一二百年间,社会发生了巨大的变化。14世纪ndali soon after. She held out hope, she would later tell family members, sometimes tearing up at the memory, that once they were married, she could get their 别让梦想只停留在梦里。181. A day without laughter is a day wasted. 没有笑声的一天是浪费了的一天。(卓别林) 182. Travel and see the world; afterwards, you will be able to put your concerns in perspective. 去旅行吧,见的世面多了,你会发现原来在意的那些结根本算不了什么。183. The key to acquiring proficiency in any task is repetition. 任何事情成功关键都是熟能生巧。《生活大爆炸》 184. You can be happy no matter what. 开心一点吧,管它会怎样。baby boy back. Arthur Schieble died in August 1955, after the adoption was finalized. Just after Christmas that year, Joanne and Abdulfattah were married in St. Philip the Apostle Catholic Church in Green Bay. He got his PhD in international politics the next year, and then they had another child, a girl named Mona. After she and Jandali divorced in 1962, Joanne embarked on a dreamy and peripatetic life that her daughter, who grew up to become the acclaimed novelist Mona Simpson, would capture in her book Anywhere but Here. Because Steve’s adoption had been closed, it would be twenty years before they would all find each other. Steve Jobs knew from an early age that he was adopted. “My parents were very open with me about that,” he recalled. He had a vivid memory of sitting on the lawn of his house, when he was six or seven years old, telling the girl who lived across the street. “So does that mean your real parents didn’t want you?” the girl asked. “Lightning bolts went off in my head,” according to Jobs. “I remember running into the house, crying. And my parents said, ‘No, you have to understand.’ They were very serious and looked me straight in the eye. They said, ‘We specifically picked you out.’ Both of my parents said that and repeated it slowly for me. And they put an emphasis on every word in that sentence.” Abandoned. Chosen. Special. Those concepts became part of who Jobs was and how he regarded himself. His closest friends think that the knowledge that he was given up at birth left some scars. “I think his desire for complete control of whatever he makes derives directly from his personality and the fact that he was abandoned at birth,” said one longtime colleague, Del Yocam. “He wants to control his environment, and he sees the product as an extension of himself.” Greg Calhoun, who became close to Jobs right after college, saw another effect. “Steve talked to me a lot about being abandoned and the pain that caused,” he said. “It made him independent. He followed the beat of a different drummer, and that came from being in a different world than he was born into.” Later in life, when he was the same age his biological father had been when he abandoned him, Jobs would father and abandon a child of his own. (He eventually took responsibility for her.) Chrisann Brennan, the mother of that child, said that being put up for adoption left Jobs “full of broken glass,” and it helps to explain some of his behavior. “He who is abandoned is an abandoner,” she said. Andy Hertzfeld, who worked with Jobs at Apple in the early 1980s, is among the few who remained close to both Brennan and Jobs. “The key question about Steve is why he can’t control himself at times from being so reflexively cruel and harmful to some people,” he said. “That goes back to being abandoned at birth. The real underlying problem was the theme of abandonment in Steve’s life.” Jobs dismissed this. “There’s some notion that because I was abandoned, I worked very hard so I could do well and make my parents wish they had me back, or some such nonsense, but that’s ridiculous,” he insisted. “Knowing I was adopted may have made me feel more independent, but I have never felt abandoned. I’ve always felt special. My parents made me feel special.” He would later bristle whenever anyone referred to Paul and Clara Jobs as his “adoptive” parents or implied that they were not his “real” parents. “They were my parents 1,000%,” he said. When speaking about his biological parents, on the other hand, he was curt: “They were my sperm and egg bank. That’s not harsh, it’s just the way it was, a sperm bank thing, nothing more.” Silicon Valley The childhood that Paul and Clara Jobs created for their new son was, in many ways, a stereotype of the late 1950s. When Steve was two they adopted a girl they named Patty, and three years later they moved to a tract house in the suburbs. The finance company where Paul worked as a repo man, CIT, had transferred him down to its Palo Alto office, but he could not afford to live there, so they landed in a subdivision in Mountain View, a less expensive town just to the south. There Paul tried to pass along his love of mechanics and cars. “Steve, this is your workbench now,” he said as he marked off a section of the table in their garage. Jobs remembered being impressed by his father’s focus on craftsmanship. “I thought my dad’s sense of design was pretty good,” he said, “because he knew how to build anything. If we needed a cabinet, he would build it. When he built our fence, he gave me a hammer so I could work with him.” Fifty years later the fence still surrounds the back and side yards of the house in Mountain View. As Jobs showed it off to me, he caressed the stockade panels and recalled a lesson that his father implanted deeply in him. It was important, his father said, to craft the backs of cabinets and fences properly, even though they were hidden. “He loved doing things right. He even cared about the look of the parts you couldn’t see.” His father continued to refurbish and resell used cars, and he festooned the garage with pictures of his favorites. He would point out the detailing of the design to his son: the lines, the vents, the chrome, the trim of the seats. After work each day, he would change into his dungarees and retreat to the garage, often with Steve tagging along. “I figured I could get him nailed down with a little mechanical ability, but he really wasn’t interested in getting his hands dirty,” Paul later recalled. “He never really cared too much about m189. It requires hard work to give off an appearance of effortlessness. 你必须十分努力,才能看起来毫不费力。190. Life is like riding a bicycle.To keep your balance,you must keep moving. 人生就像骑单车,只有不断前进,才能保持平衡。(爱因斯坦) 191. Be thankful for what you have.You'll end up having more. 拥有一颗感恩的心,最终你会得到更多。192. Beauty is how you feel inside, and it reflects in your eyes. 美是一种内心的感觉,并反映在你的眼睛里。(索菲亚·罗兰) 193. Friendship doubles your joys, and divides your sorrows. 朋友的作用,就是让你快乐加倍,痛苦减半。194. When you long for something sincerely, the whole world will help you. 当你真心渴望某样东西时,整个宇宙都会来帮忙。echanical things.” “I wasn’t that into fixing cars,” Jobs admitted. “But I was eager to hang out with my dad.” Even as he was growing more aware that he had been adopted, he was becoming more attached to his father. One day when he was about eight, he discovered a photograph of his father from his time in the Coast Guard. “He’s in the engine room, and he’s got his shirt off and looks like James Dean. It was one of those Oh wow moments for a kid. Wow, oooh, my parents were actually once very young and really good-looking.” Through cars, his father gave Steve his first exposure to electronics. “My dad did not have a deep understanding of electronics, but he’d encountered it a lot in automobiles and other things he would fix. He showed me the rudiments of electronics, and I got very interested in that.” Even more interesting were the trips to scavenge for parts. “Every weekend, there’d be a junkyard trip. We’d be looking for a generator, a carburetor, all sorts of components.” He remembered watching his father negotiate at the counter. “He was a good bargainer, because he knew better than the guys at the counter what the parts should cost.” This helped fulfill the pledge his parents made when he was adopted. “My college fund came from my dad paying $50 for a Ford Falcon or some other beat-up car that didn’t run, working on it for a few weeks, and selling it for $250—and not telling the IRS.” The Jobses’ house and the others in their neighborhood were built by the real estate developer Joseph Eichler, whose company spawned more than eleven thousand homes in various California subdivisions between 1950 and 1974. Inspired by Frank Lloyd Wright’s vision of simple modern homes for the American “everyman,” Eichler built inexpensive houses that featured floor-to-ceiling glass walls, open floor plans, exposed post-and-beam construction, concrete slab floors, and lots of sliding glass doors. “Eichler did a great thing,” Jobs said on one of our walks around the neighborhood. “His houses were smart and cheap and good. They brought clean design and simple taste to lower-income people. They had awesome little features, like radiant heating in the floors. You put carpet on them, and we had nice toasty floors when we were kids.” Jobs said that his appreciation for Eichler homes instilled in him a passion for making nicely designed products for the mass market. “I love it when you can bring really great design and simple capability to something that doesn’t cost much,” he said as he pointed out the clean elegance of the houses. “It was the original vision for Apple. That’s what we tried to do with the first Mac. That’s what we did with the iPod.” Across the street from the Jobs family lived a man who had become successful as a real estate agent. “He wasn’t that bright,” Jobs recalled, “but he seemed to be making a fortune. So my dad thought, ‘I can do that.’ He worked so hard, I remember. He took these night classes, passed the license test, and got into real estate. Then the bottom fell out of the market.” As a result, the family found itself financially strapped for a year or so while Steve was in elementary school. His mother took a job as a bookkeeper for Varian Associates, a company that made scientific instruments, and they took out a second mortgage. One day his fourth-grade teacher asked him, “What is it you don’t understand about the universe?” Jobs replied, “I don’t understand why all of a sudden my dad is so broke.” He was proud that his father never adopted a servile attitude or slick style that may have made him a better salesman. “You had to suck up to people to sell real estate, and he wasn’t good at that and it wasn’t in his nature. I admired him for that.” Paul Jobs went back to being a mechanic. His father was calm and gentle, traits that his son later praised more than emulated. He was also resolute. Jobs described one exampl What made the neighborhood different from the thousands of other spindly-tree subdivisions across America was that even the ne’er-do-wells tended to be engineers. “When we moved here, there were apricot and plum orchards on all of these corners,” Jobs recalled. “But it was beginning to boom because of military investment.” He soaked up the history of the valley and developed a yearning to play his own role. Edwin Land of Polaroid later told him about being asked by Eisenhower to help build the U-2 spy plane cameras to see how real the Soviet threat was. The film was dropped in canisters and returned to the NASA Ames Research Center in Sunnyvale, not far from where Jobs lived. “The first computer terminal I ever saw was when my dad brought me to the Ames Center,” he said. “I fell totally in love with it.” Other defense contractors sprouted nearby during the 1950s. The Lockheed Missiles and Space Division, which built submarine-launched ballistic missiles, was founded in 1956 next to the NASA Center; by the time Jobs moved to the area four years later, it employed twenty thousand people. A few hundred yards away, Westinghouse built facilities that produced tubes and electrical transformers for the missile systems. “You had all these military companies on the cutting edge,” he recalled. “It was mysterious and high-tech and made living here very exciting.” In the wake of the defense industries there arose a booming economy based on technology. Its roots stretched back to 1938, when David Packard and his new wife moved into a house in Palo Alto that had a shed where his friend Bill Hewlett was soon ensconced. The house had a garage—an appendage that would prove both useful and iconic in the valley—in which they tinkered around until they had their first product, an audio oscillator. By the 1950s, Hewlett-Packard was a fast-growing company making technical instruments. Fortunately there was a place nearby for entrepreneurs who had outgrown their garages. In a move that would help transform the area into the cradle of the tech revolution, Stanford University’s dean of engineering, Frederick Terman, created a seven-hundred-acre industrial park on university land for private companies that could commercialize the ideas of his students. Its first tenant was Varian Associates, where Clara Jobs worked. “Terman came up with this great idea that did more than anything to cause the tech industry to grow up here,” Jobs said. By the time Jobs was ten, HP had nine thousand employees and was the blue-chip company where every engineer seeking financial stability wanted to work. The most important technology for the region’s growth was, of course, the semiconductor. William Shockley, who had been one of the inventors of the transistor at Bell Labs in New Jersey, moved out to Mountain View and, in 1956, started a company to build transistors using silicon rather than the more expensive germanium that was then commonly used. But Shockley became increasingly erratic and abandoned his silicon transistor project, which led eight of his engineers—most notably Robert Noyce and Gordon Moore—to break away to form Fairchild Semiconductor. That company grew to twelve thousand employees, but it fragmented in 1968, when Noyce lost a power struggle to become CEO. He took Gordon Moore and founded a company that they called Integrated Electronics Corporation, which they soon smartly abbreviated to Intel. Their third employee was Andrew Grove, who later would grow the company by shifting its focus from memory chips to microprocessors. Within a few years there would be more than fifty companies in the area making semiconductors. The exponential growth of this industry was correlated with the phenomenon famously discovered by Moore, who in 1965 drew a graph of the speed of integrated circuits, based on the number of transistors that could be placed on a chip, and showed that it doubled about every two years, a trajectory that could be expected to continue. This was reaffirmed in 1971, when Intel was able to etch a complete central processing unit onto one chip, the Intel 4004, tronic amplifier. “So I raced home, and I told my dad that he was wrong.” “No, it needs an amplifier,” his father assured him. When Steve protested otherwise, his father said he was crazy. “It can’t work without an amplifier. There’s some trick.” “I kept saying no to my dad, telling him he had to see it, and finally he actually walked down with me and saw it. And he said, ‘Well I’ll be a bat out of hell.’” Jobs recalled the incident vividly because it was his first realization that his father did not know everything. Then a more disconcerting discovery began to dawn on him: He was smarter than his parents. He had always admired his father’s competence and savvy. “He was not an educated man, but I had always thought he was pretty damn smart. He didn’t read much, but he could do a lot. Almost everything mechanical, he could figure it out.” Yet the carbon microphone incident, Jobs said, began a jarring process of realizing that he was in fact more clever and quick than his parents. “It was a very big moment that’s burned into my mind. When I realized that I was smarter than my parents, I felt tremendous shame for having thought that. I will never forget that moment.” This discovery, he later told friends, along with the fact that he was adopted, made him feel apart—detached and separate—from both his family and the world. Another layer of awareness occurred soon after. Not only did he discover that he was brighter than his parents, but he discovered that they knew this. Paul and Clara Jobs were loving parents, and they were willing to adapt their lives to suit a son who was very smart—and also willful. They would go to great lengths to accommodate him. And soon Steve discovered this fact as well. “Both my parents got me. They felt a lot of responsibility once they sensed that I was special. They found ways to keep feeding me stuff and putting me in better schools. They were willing to defer to my needs.” So he grew up not only with a sense of having once been abandoned, but also with a sense that he was special. In his own mind, that was more important in the formation of his personality. School Even before Jobs started elementary school, his mother had taught him how to read. This, however, led to some problems once he got to school. “I was kind of bored for the first few years

 

  第一千零五十四条 无效的或者被撤销的婚姻自始没有法律约束力,当事人不具有夫妻的权利和义务。同居期间所得的财产,由当事人协议处理;协议不成的,由人民法院根据照顾无过错方的原则判决。对重婚导致的无效婚姻的财产处理,不得侵害合法婚姻当事人的财产权益。当事人所生的子女,适用本法关于父母子女的规定。婚姻无效或者被撤销的,无过错方有权请求损害赔偿。

 

  法条沿革:《中华人民共和国婚姻法》(2001修正)第十二条:【婚姻的无效】无效或被撤销的婚姻,自始无效。当事人不具有夫妻的权利和义务。同居期间所得的财产,由当事人协议处理;协议不成时,由人民法院根据照顾无过错方的原则判决。对重婚导致的婚姻无效的财产处理,不得侵害合法婚姻当事人的财产权益。当事人所生的子女,适用本法有关父母子女的规定。

 

  释义:

  本条对无效或者被撤销婚姻的法律后果作出规定,即无效或者被撤销的婚姻,自始没有法律约束力。

  子女和财产处理规则相同。无效婚姻和可撤销婚姻虽然在法律后果上是一致的,但无效婚姻和可撤销婚姻还是存在不同点:

  (1)无效婚姻是违反禁止结婚条件缔结的婚姻,当事人或是已有配偶,或是有不能结婚的亲属关系,或是不到法定结婚年龄。可撤销婚姻是因为胁迫,本不自愿,或者因为隐瞒重大疾病使认识错误,如果知道就不会结婚。

  (2)对于无效婚姻,当事人、利害关系人和相关组织都可以申请无效,人民法院可依法宣告无效。受胁迫和受隐瞒重大疾病的两类可撤销婚姻,只有当事人可以申请撤销,人民法院必须依当事人的申请撤销。

  (3)无效婚姻的宣告没有时间上的限制,人民法院根据实际情况裁判是否宣告无效。可撤销婚姻必须由当事人在规定的时间内提出,超出规定的时间则不能再提出撤销申请,如要解除婚姻关系只能走离婚程序。

  在立法过程中,有的常委委员、地方机关、专家学者和社会公众提出,无效婚姻和可撤销婚姻给无过错的当事人带来极大伤害,仅规定根据照顾无过错方的原则分配财产是远远不够的。受到伤害就应有权请求赔偿,伤害他人就应当承担赔偿责任。婚姻无效和被撤销的,还应当赋予无过错方请求损害赔偿的权利,这样有利于保护无过错方的权益。经研究《民法典》采纳了这一意见。本条第 2 款规定:“婚姻无效或者被撤销的,无过错方有权请求损害赔偿。”

 

      04、新增关于夫妻日常家事代理权的规定      

 

  第一千零六十条 夫妻一方因家庭日常生活需要而实施的民事法律行为,对夫妻双方发生效力,但是夫妻一方与相对人另有约定的除外。夫妻之间对一方可以实施的民事法律行为范围的限制,不得对抗善意相对人。

 

 

  释义:

  本条明确了夫妻日常家事代理权,平衡了夫妻间的内部利益,保护了夫妻间的合法财产,对保护交易相对方、维护社会交易稳定也起到了积极的作用。

  夫妻日常家事代理权,是指夫妻一方因家庭日常生活需要而与第三方为一定民事法律行为时互为代理的权利。夫妻一方在日常家庭事务范围内,与第三方所实施的民事法律行为,视为依夫妻双方的意思表示所为的民事法律行为,另一方也应承担因此而产生的法律后果。

  为了方便经济交往和婚姻家庭生活,保护夫妻双方和相对人的合法权益,维护社会交易安全,有必要赋予夫妻双方日常家事代理权。理解本条规定,需要注意以下几个方面的问题:

  第一,夫妻日常家事代理权的权利主体。夫妻日常家事代理权为夫妻双方同等享有,夫妻双方在处理日常家庭事务中互相为代理人,各自都可以行使夫妻日常家事代理权。

  第二,夫妻日常家事代理权的存续期间。夫妻日常家事代理权由法律直接规定,以夫妻身份的存在为前提。

  第三,夫妻日常家事代理权的行使方式。对于夫妻日常家事代理权,夫妻任何一方在日常家事范围内与第三人为民事法律行为时,不必明确其代理权,可直接以自己名义、另一方名义或者双方名义为之。

  第四,夫妻日常家事代理权的行使范围。夫妻日常家事代理权的行使范围仅限于“因家庭日常生活需要而实施的民事法律行为”,通说概括为“日常家庭事务”或者“日常家事”。日常家事,是指为满足正常夫妻共同生活和家庭生活所必需的,非属人身性的一切事务。鉴于我国东、中、西部经济发展不平衡,城乡差异巨大,家庭日常生活需要的范围在不同地区、不同家庭有很大差异,目前还难以确定一个统一的具体标准。

  第五,夫妻日常家事代理权的行使限制。在实际生活中,基于种种考虑,如一方时间、精力、知识、能力的原因,一方滥用代理权的原因等,有时候夫妻双方会对一方可以实施的民事法律行为有所限制。这种限制在夫妻双方之间是有效的,法律无须加以规制,但为了维护正常交易安全,保护第三人的合法权益,法律明确规定这种限制不能对抗善意相对人。

  第六,夫妻日常家事代理权的法律效力。夫妻任何一方行使夫妻日常家事代理权所实施的民事法律行为,对夫妻双方都发生效力,即该民事法律行为所产生的法律效果归属于夫妻双方。

 

     05、夫妻债务共债共签平等保护当事人各项权利    

 

  第一千零六十四条 夫妻双方共同签名或者夫妻一方事后追认等共同意思表示所负的债务,以及夫妻一方在婚姻关系存续期间以个人名义为家庭日常生活需要所负的债务,属于夫妻共同债务。夫妻一方在婚姻关系存续期间以个人名义超出家庭日常生活需要所负的债务,不属于夫妻共同债务;但是,债权人能够证明该债务用于夫妻共同生活、共同生产经营或者基于夫妻双方共同意思表示的除外。

 

  法条沿革:《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(二)》(2017 修订)第二十四条:债权人就婚姻关系存续期间夫妻一方以个人名义所负债务主张权利的,应当按夫妻共同债务处理。但夫妻一方能够证明债权人与债务人明确约定为个人债务,或者能够证明属于婚姻法第十九条第三款规定情形的除外。

  夫妻一方与第三人串通,虚构债务,第三人主张权利的,人民法院不予支持。

  夫妻一方在从事赌博、吸毒等违法犯罪活动中所负债务,第三人主张权利的,人民法院不予支持。

 

  释义:

  可见,《婚姻法》中并未明确细化规定夫妻共同债务的范围,实践中对于共签也有许多的误解,有人认为只有是夫妻双方共同签字而产生的债务才是夫妻共同债务。

  夫妻共同债务问题,事关夫妻双方特别是未举债一方和债权人合法权益的保护,事关婚姻家庭稳定和市场交易安全的维护,《民法典》在婚姻法司法解释的基础上,明确了夫妻共同债务的认定。

  基于共同意思表示所负的夫妻共同债务:本条第 1 款明确规定,“夫妻双方共同签名或者夫妻一方事后追认等共同意思表示所负的债务”,属于夫妻共同债务。这就是俗称的“共债共签”“共签共债”。

  多个民事主体等基于共同签字等共同意思表示所形成的债务属于共同债务,这不存在任何争议,本条规定对这一内容加以强调意在引导债权人在形成债务尤其是大额债务时,为避免事后引发不必要的纷争,加强事前风险防范,尽可能要求夫妻共同签名。

  这种制度安排,一方面,有利于保障夫妻另一方的知情权和同意权,可以从债务形成源头上尽可能杜绝夫妻一方“被负债”现象发生;另一方面,也可以有效避免债权人因事后无法举证证明债务属于夫妻共同债务而遭受不必要的损失,对于保障交易安全和夫妻一方合法权益,具有积极意义。

  要注意的是,本条只规定了三类比较重要的夫妻共同债务,但在实践中还存在依据法律规定产生的其他种类的夫妻共同债务。

  比如,《民法典》第 1168 条规定:“二人以上共同实施侵权行为,造成他人损害的,应当承担连带责任。”因此,夫妻因共同侵权所负的债务也属于夫妻共同债务。第 1188 条第 1 款规定:“无民事行为能力人、限制民事行为能力人造成他人损害的,由监护人承担侵权责任……”因此,夫妻因被监护人侵权所负的债务,也属于夫妻共同债务。

 

      06、设立离婚冷静期制度      

 

  第一千零七十七条 自婚姻登记机关收到离婚登记申请之日起三十日内,任何一方不愿意离婚的,可以向婚姻登记机关撤回离婚登记申请。前款规定期限届满后三十日内,双方应当亲自到婚姻登记机关申请发给离婚证;未申请的,视为撤回离婚登记申请。

 

  法条沿革:《婚姻法》第三十一条:男女双方自愿离婚的,准予离婚。双方必须到婚姻登记机关申请离婚。婚姻登记机关查明双方确实是自愿并对子女和财产问题已有适当处理时,发给离婚证。

 

  释义:

  这绝对是婚姻家庭编中引发热议最多的一条,对于某一项制度的设立各界有不同的意见非常正常,新制度确实可以减少冲动离婚率,但也将带来新的问题。需要注意的是该制度适用于婚姻登记机关协议离婚的情形,未规定法院诉讼离婚必须适用离婚冷静期。

  离婚冷静期是指夫妻协议离婚时,政府给要求离婚的双方当事人一段时间,强制当事人暂时搁置离婚纠纷,在法定期限内冷静思考离婚问题,考虑清楚后再行决定是否离婚。法律规定当事人冷静思考离婚问题的期限为离婚冷静期。

  依据本条规定,在 30 日离婚冷静期内,任何一方不愿意离婚的,应当在该期间内到婚姻登记机关撤回离婚申请。婚姻登记机关应当立即终止登记离婚程序。

  如果离婚冷静期届满,当事人仍坚持离婚,双方应当在离婚冷静期届满后的 30 日内,亲自到婚姻登记机关申请发给离婚证。婚姻登记机关查明双方确实是自愿离婚,并已对子女抚养、财产及债务处理等事项协商一致的,予以登记,发给离婚证。如果在离婚冷静期届满后的 30 日内,当事人双方没有亲自到婚姻登记机关申请发给离婚证,则视为撤回离婚申请。

  案例君补充:与之相对应的,是我国已有多年司法实践经验的诉讼离婚冷静期制度。虽然二者看似相类,但在制度设计以及具体实操方面均有较大差异。

  一是适用范围不同。协议离婚冷静期制度是我国协议离婚制度的一部分,适用于通过行政登记办理的协议离婚。离婚双方当事人对是否离婚、离婚后的财产及子女抚养问题已达成一致意见。诉讼离婚冷静期制度属于诉讼离婚调解制度,适用主体为诉讼离婚当事人。诉讼离婚当事人因无法就是否离婚、离婚后的财产及子女抚养问题达成一致,起诉至人民法院寻求诉讼救济。

  二是主导主体不同。在协议离婚冷静期中,离婚双方当事人对离婚程序具有主导权与掌控权,可以随时撤回离婚申请。当协议离婚的离婚冷静期届满,在三十日的除斥期限内也可根据双方意愿决定是否办理离婚登记。作为诉讼离婚调解制度一部分的诉讼离婚冷静期制度,其司法程序由人民法院主导,当事人不得任意撤销或随时终止离婚诉讼程序。

  三是主体作为不同。在协议离婚冷静期期间,离婚登记机关对离婚双方当事人不作任何调解、调查或疏导工作,仅作消极的材料接收以及时间记录工作。但是,在诉讼离婚的冷静期中,法院须主动对案件情况开展调解、家事调查及心理疏导。

  四是期限性质不同。协议离婚的冷静期期限是法定期限,即协议离婚冷静期制度中的“三十日”是基于《民法典》婚姻家庭编第1077条的直接规定,不得人为变更。而诉讼离婚冷静期期限属于可变期限。法院经当事人同意,可以指定“不超过三个月”的冷静期期限。该期限由人民法院依职权指定,人民法院有权决定期限长短且可以根据案情需要决定延长、缩短或取消原来指定的期限。

  五是法律后果不同。协议离婚冷静期届满后,双方当事人有三种可能结果:其一,双方和好,终止离婚登记程序;其二,双方进入协议离婚登记程序,办理离婚登记并领取离婚证;其三,双方矛盾进一步激化,无法就离婚与否或财产、子女抚养等问题达成一致,进入诉讼离婚程序。诉讼离婚冷静期届满后,可能会出现另外三种结果:其一,双方和好,人民法院将和好协议的内容记入笔录,按撤诉处理;其二,双方达成全面离婚协议,人民法院制作调解书,调解书经双方当事人签收后发生法律效力;其三,调解无效,离婚诉讼继续进行。

  总体来看,尽管两种离婚冷静期在制度设计与运行方面大异其趣,但在彰显法律价值方面殊途同归:离婚冷静期制度作为婚姻解除前最后一道防线,是宪法保护婚姻、家庭的民法表达。(补充内容来源:光明日报 作者姚邢)

 

 

      07、离婚时对夫妻共同财产分割      

 

  第一千零八十七条 离婚时,夫妻的共同财产由双方协议处理;协议不成的,由人民法院根据财产的具体情况,按照照顾子女、女方和无过错方权益的原则判决。对夫或者妻在家庭土地承包经营中享有的权益等,应当依法予以保护。

 

 

  释义:

  本条在《婚姻法》的基础上新增一项财产分割原则,即明确了在离婚财产分割中照顾无过错方权益原则,这意味着法院可以依据该原则,酌情确定对过错方予以少分财产,以此惩戒婚内过错方,充分照顾并保护无过错方权利。

  在分割夫妻共同财产时,是否要考虑照顾无过错方的利益呢?《最高人民法院关于人民法院审理离婚案件处理财产分割问题的若干具体意见》规定,人民法院审理离婚案件对夫妻共同财产的处理,应坚持照顾无过错方的原则。

  2001 年修改《婚姻法》时,没有对分割夫妻共同财产按照照顾无过错方的原则进行判决作出规定。这主要是由于,当时为了保护婚姻关系中的无过错方,新增加了离婚损害赔偿制度,即《婚姻法》第 46条,考虑到已经新增加了后一种离婚过错赔偿方式,加大了对婚姻中无过错方的保护,在分割夫妻共同财产时,可以暂先不考虑增加照顾无过错方利益的原则。

  在《民法典》编纂征求意见时,有的意见提出,现实生活中因过错方导致的离婚情况较为突出。婚姻解体给家庭、子女、社会都带来不利的影响,建议加大对婚姻中过错方的惩罚力度,除规定离婚过错方的赔偿外,在判决分割夫妻共同财产时还应加大对无过错方的保护,这也是当前审判实践的做法。立法部门采纳了这一建议,增加了按照照顾无过错方权益的原则分割夫妻共同财产。

  根据本条规定,人民法院在分割夫妻共同财产时,既要考虑照顾子女权益和女方权益,也要兼顾照顾无过错方的权益,三者缺一不可。司法实践中,多数女方权益与无过错方权益是一致的,但是也有不一致的情况,法官要具体问题具体分析。

 

      结语      

 

  婚姻是一种制度,受到法律保护的同时也受到法律的制约。《民法典》婚姻家庭编作出了很大的修改,从形式平等到实质平等,再到关注弱势群体的利益,体现了我国社会的发展。

  当然,《民法典》婚姻家庭编未能尽数规范现有的婚姻家庭生活中的各种问题,比如同居制度、彩礼返还等问题。因此,在具体案件处理中,还需要大家进一步检索相关法律法规,研读类案,结合具体情况,进行研究与分析。

责任编辑:刘奕
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