Study On The Legal Validity Of The Defects Of The Declaration Of Intention In Marriage

The defective marriage of declaration of will refers to the situation in which the declaration of Will is not free,untrue or inconsistent.The essence of marriage should require that the agreement of both parties to marry is voluntary and true.Therefore,the definition of the validity of the defective marriage should be further clarified in the identity law.This article is divided into four parts to discuss the effect of the defective marriage.From the typical cases of the marriage of the defective declaration of intention and the blind spots in the trial,this paper draws out the current legislative and judicial situation of the defective marriage of the declaration of intention in our country,this paper compares the overseas legislative research on the determination of the validity of the defective marriage and the setting model of the system of the validity of the defective marriage,and sorts out the suggestions on the improvement of the system in domestic academic circles,it is reasonable to discuss how to classify the validity of fraudulent marriage,false marriage and wrong marriage in our country under the premise of the dual-track system of invalid marriage and revocable marriage.The first part is“The marriage typical case and the question puts forward that the intention expresses the flaw”,from our country invalid marriage and the revocable marriage case sifts out the related because the intention expresses the flaw to cause the marital relations to break down,the parties apply for annulment of marriage or claim annulment of marriage,but they can not get relief because the cause of their claim is not clearly stipulated by law,and the result of the trial lacks reasonable protection for the innocent party and family members.The second part is“The legislative and judicial status of the defective marriage of Intention”,the only reform of the defective marriage system in《Marriage and family》of Civil Code,the revocation of the Marriage Act adds to the list of circumstances in which one party may request the annulment of a marriage if the other party did not truthfully inform him or her of a serious illness prior to marriage.As a result,the legislation clearly limits the application of voidable cases to fraudulent marriages,and no reference is made to the effects of false marriages or the recognition of wrong marriages.However,the provisions of effect in the field of identity law are very vague compared with the definition of effect in the field of property law in the case of defective marriage,and when there are no clear provisions of effect in the field of marriage and family compilation,whether the provisions on the validity of civil legal acts in general provisions of civil law are reasonable is discussed.The third part is“The extraterritorial comparison of the defective marriage of the declaration of Will”,taking France,Germany,Russia and Japan as examples,drawing lessons from the overseas legislative experience of the defective system of the declaration of will,this paper makes a comparative analysis of the existing marriage validity system in our country.The fourth part is“The perfection of our country’s marriage system of the defective declaration of Will”,through the foreshadowing of the above three parts,it sorts out the different viewpoints of the academic circles on the attribution of the marriage effect of the defective declaration of Will,finally,the author’s views on the validity of fraudulent marriage,false marriage and wrong marriage are obtained,and the reasonable protection system for the no-fault parties is further discussed.