A Study On The Liability For Damages Caused By Defects In Marriage Effectiveness

With the development of China’s economy and society,the systems of invalid marriage and revocable marriage have also developed and improved,and the system of compensation for damage caused by defects in marriage effectiveness has been established in the Marriage and Family Code of the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code).The second paragraph of Article1054 of the Civil Code stipulates for the first time that if a marriage is invalid or revoked,the innocent party has the right to claim damages.However,merely adding a legal provision that the innocent party has the right to claim compensation for damages reflects to some extent the attitude of legislators towards protecting the interests of bona fide parties after marriage becomes invalid or revoked,and does not specify how to determine the right of the innocent party to claim compensation for damages.This article defines the content specified in Article 1054,Paragraph 2,of the Civil Code as liability for damages caused by defects in marriage effectiveness.Based on the circumstances leading to defects in marriage effectiveness and conflicts of legal interests,it discusses and analyzes the theoretical basis for compensation for damages,analyzes issues from the legislative and judicial status of liability for damages caused by defects in marriage effectiveness,and proposes suggestions for improving liability for damages caused by defects in marriage effectiveness from the perspective of balancing rights and interests,Respond to the conflict of legal interests in the case of defective marriage effectiveness,and protect the legitimate rights and interests of the innocent party in the case of defective marriage effectiveness.The text of this article is divided into four parts.The first part mainly discusses the concept of compensation for damages caused by defects in marriage effectiveness,clarifies the definition of compensation liability for damages caused by defects in marriage effectiveness,sorts out the situations where invalid marriage and revocable marriage lead to defects in marriage effectiveness,summarizes the conflicts of rights and interests between the two parties when there are defects in marriage effectiveness,and determines that the compensation system for damages caused by defects in marriage effectiveness is based on tort liability,Refine the relationship and difference between liability for damages caused by defects in marriage effectiveness and related responsibilities.The second part is the focus of this article.Through sorting out the legislative evolution and in-depth analysis of the liability for damages caused by defects in marriage effectiveness,the judicial practice of current cases of defects in marriage effectiveness related to the liability for damages is divided into two categories: supporting and not supporting damages.The litigation claims and case results are sorted out,and the reasons are analyzed respectively,The conclusion is that at the legislative level,due to the ambiguity and singleness of legislation,there are problems in judicial practice such as inconsistent adjudication results,inconsistent compensation scope,and inconsistent restrictions on claims.The third part draws on the experience of compensation for damage caused by defects in marriage effectiveness in foreign countries.According to the provisions on compensation for damages after marriage is confirmed to be invalid and revoked in the two legal systems,through comparative analysis and drawing on their legislative and judicial experience,it is concluded that China should,on the basis of understanding the legal provisions,grant judges a certain amount of discretion in order to build a sound system of compensation for damages for defects in marriage effectiveness.The fourth part is the conclusion of this article,which proposes suggestions to improve the liability for damages caused by defects in marriage effectiveness from four aspects: clarifying the legal relationship between the parties involved in the compensation for damages caused by defects in marriage effectiveness,clarifying the constitutive requirements of the compensation system for damages caused by defects in marriage effectiveness,stipulating that the right of the party without fault is limited by the limitation period of action,and the scope of liability for damages includes property damage,personal damage,and spiritual damage.