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A husband and wife who have not received a marriage certificate are hospitalized for surgery and need the signature of their families. Can the other party sign each other?
Without a marriage certificate, they are not husband and wife. One party needs the signature of his family when he is hospitalized for surgery, and the other party can't sign it instead of his family, otherwise it will be a great responsibility. In other words, under normal circumstances, surgery means that his straightness is signed by his relatives. The law requires a marriage certificate to be a real marriage.

Legal analysis

Without a marriage certificate, you can't call it a "spouse". That is, not family. Father and son, spouse, children and other immediate family members. 1, the signature can be the patient himself or his family members. In case of emergency, if the patient has lost consciousness or judgment, his colleagues and leaders can sign on his behalf. Under more special circumstances, if the patient's life is dying, but no one is accompanying him, the hospital can report to the hospital leader for approval, and turn to the green channel for emergency rescue based on the principle of saving lives. 2. Conditions that need to be signed: For example, before surgery, blood transfusion or taking medical measures that may cause harm to patients, doctors should explain to patients what advantages such medical measures have and what complications may accompany them. Then, if the patient agrees to carry out medical measures, sign it. Otherwise, the doctor may not perform the operation. I can sign, but I must be conscious and have the ability to distinguish right from wrong. If I agree, even if my family strongly opposes it, the doctor can't do medical treatment.

legal ground

Article 1049 of the Civil Code of People's Republic of China (PRC) requires both men and women to apply for marriage registration in person at the marriage registration office. Those who meet the requirements of this law shall be registered and issued a marriage certificate. The marriage relationship is established when the marriage registration is completed. Those who have not registered for marriage shall re-register.

"Regulations on Marriage Registration" Article 7 The marriage registration authority shall examine the certificates and certification materials issued by the parties involved in marriage registration and ask about the relevant information. If the parties meet the conditions for marriage, they shall register on the spot and issue a marriage certificate; If the parties do not meet the conditions for marriage and refuse to register, they shall explain the reasons to the parties.