軍人婚姻條例

Act of Marriage for Military Personnel

法律廢止法規>國防部最後異動 20051207已廢止顯示中文
沿革(15 筆)
1.中華民國四十一年一月五日總統制定公布全文 11 條  
2.中華民國四十六年一月十日總統公布增訂第 11 條條文;原第 11 條改
  為第 12 條  
3.中華民國四十八年八月十三日總統修正公布全文 16 條及名稱
  (原名稱:戡亂時期陸海空軍軍人婚姻條例;新名稱:戡亂時期軍人婚
  姻條例)
4.中華民國六十三年十二月二十一日總統修正公布全文 15 條
5.中華民國八十一年七月十七日總統(81)華總(一)義字第 3480 號令
  修正公布名稱及第 3~5、10、12、14 條條文;並刪除第 7、 9  條條
  文
  (原名稱:戡亂時期軍人婚姻條例;新名稱:軍人婚姻條例)
6.中華民國八十八年四月二十一日總統(88)華總一義字第 8800084020
  號令修正公布第 13 條條文
7.中華民國九十四年十二月七日總統華總一義字第 09400198061  號令公
  布廢止

資料來源:全國法規資料庫(ChLaw.json,版本 2025/12/26 上午 12:00:00)・政府資料開放授權

Article 1
The rules of a marriage of Military personnel are base on this Act ; Rules that are not covered by this Act are base on the rules and regulations instituted in the other laws .
Article 2
The Military Personnel stated in this Act refers to the Ranking Officers , Non Commissioned Officers , Enlisted Soldiers currently serving in the Arm Forces , and Trainees , Students of each Military Academy/College .
Article 3
Military Personnel with one of the following situation can not get married : 1.- Serving at the battle field or directly engaging in a battle , or serving an emergency defense affairs . 2.- Students of a Military College , Academy that are attending their Ranking Officers, Non Commissioned Officers education and have not graduated yet . The personnel mentioned above that have a special situation will not be restricted if being specially approved by the Ministry of National Defense ; Its regulations are instituted by the Ministry of National Defense .
Article 4
If the fiance of the Military Personnel encounters one of the following situation , marriage is not allowed : 1.- Have been convicted of civil commotion, treason crime . 2.- Foreigners that have been proven to endangering the safety of the country .
Article 5
The Military Personnel getting married should submit the report one month before the marriage to the authority for approval . If the report of marriage is not denied by the Superior Officer 30 days after the submission of the said report and had been informed of the reason , the marriage report is considered approved .
Article 6
The approval authorizations of a Military Personnel Marriage is as follows : 1- Generals are approved by the Minister of National Defense, Chief of General Staff or each Commander in Chief of their belonging branch . 2- Colonels , Captains , Sergeants , and Enlisted Soldiers are approved by a rank of Major General or above . The marriage of the Ranking Officers , Non Commissioned Officers and Enlisted Soldiers that are serving in an organizations that do not belong to the Ministry of National Defense , are approve by their Superior .
Article 7
(Omitted)
Article 8
When a Military Personnel is getting married and no relative(s) attending , his/her Superior Officer can act as the guardians .
Article 9
(Omitted)
Article 10
The Military Personnel or his/her spouse who is serving in a battle field or directly engaging in a battle or serving in an emergency defense affairs , is not allowed to apply for a devours .
Article 11
When a Military Personnel and his/her spouse agreed to get a devours , the regulations stipulated in Article - 1049 to Article - 1051 of the Civil Law are applied .
Article 12
Military Personnel violating Article - 3 and Article - 4 and got married , their marriage will not be valid . Military Personnel violating Article - 5 and got married , except had been proven to have the situation stated above , will be allowed to process a make up application after being disciplined . Military Personnel or his/her spouse violating Article - 10 and got married , their marriage will not be valid .
Article 13
Military Personnel or his/her spouse at the enemy line or implementing a battle order or serving in a very difficult area that had committed Article-237 or Article-239 of Criminal Law , 50% will be added to the crime he/she had committed ; The same will be impose to those who committed adultery . The spouse of a Military Personnel who is at the enemy line or implementing a battle order or serving in a very difficult area that had committed Article-121 , Article-231 or Article-298 of Criminal Law , except for those will be force to be punished under the Arm Forces Criminal Act , 50% will be added to the crime he/she had committed .
Article 14
Those who have committed the crimes stated in the above Article that need to be prosecuted , and the Military Personnel or the spouse is not able to personally file the law suit , the prosecutor can appoint a proxy plaintiff if being applied . But can not contradict to the meaning of the plaintiff .
Article 15
This Act is implemented from the day of its announcement .