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

Marriage is generally considered to be a type of legal act,the truth of the declaration of intention in marriage can make the marriage effective.This is the proper meaning of the principle of freedom of marriage.In this sense,the defects of the declaration of intention will undoubtedly affect the effectiveness of marriage.Judging from the current legislation in China,this marriage only include coercive marriage.Compared with the legislative provisions of other countries(regions)in the world,this is not only narrow in scope,but also inconsistent with the actual situation of society.It does not meet the principle of freedom of marriage.In this situation,it is necessary indicate the system of marriage effectiveness.Since the marriage has its particularity,it means that the setting of the marriage effectiveness system cannot be done overnight.It must be carried out in four parts.The first part is“the definition of the defects of the declaration of intention in marriage”,which mainly clarifies the objects to be discussed in this article.In other words,this marriage is a situation in which there is a defects in marriage,which includes the inconsistency of meaning expression and the non-freeness of meaning expression.In this sense,this marriage can be divided into four types: error marriage,false marriage,fraudulent marriage and coercive marriage.Judging from the external manifestation of the marriage,it has the characteristics of subject specificity,content fixation and consequences.This determines that although marriage is a type of legal act,the rules of marriage will be different from the rules of legal act.From the point of view of the internal structure of the marriage,the existence of the defects means that the effectiveness of marriage will be affected.The second part is“the basis of legal validity of the defects of the declaration of intention in marriage”,which mainly reveals the essence and concrete manifestation of the effect of the marriage.In other words,the reason why the defects can effect the effectiveness of marriage,violation of the principle of freedom of marriage is only a superficial reason,and there are deeper reasons behind it.In this regard,it is only possible to find such underlying reasons from the most basic sources of marital effectiveness.In the theory of law,there are different sources of effectiveness theory such as logical effectiveness theory,natural effectiveness theory,social fact theory and national will theory.Through analysis,it is found that the source of marital effectiveness can be explained by the theory of national will.Under this circumstance,the effectiveness of marriage is essentially due to the guarantee of state coercive power,which means that the reason why defects has an impact on the effectiveness of marriage is mainly because the state needs tosafeguard its own interests.In the process of determining interests,the state is affected by economic,political and social factors.As the economic,political,and social factors different,the result is different in each country(region).Specifically,it includes a single valid,invalid or revocable form,a binary effective and invalid coexistence or effective,revocable coexistence form,and multiple effective,invalid and revocable coexistence forms.As far as the actual situation in our country,it is more appropriate to adopt a binary effective and revocable coexistence pattern in the marriage effectiveness system.The third part is“the legal effect of the defects of the declaration of intention in marriage”,which mainly discusses the different effects of different types.In other words,the different forms in marriage,although it is influenced by economic,political and social factors,but it also reflects different legislative concepts from different aspects.It includes the concept of family standard,individual standard and individual and social standard.As far as the actual situation in China,the concept of individual and social standard should be used in the setting of the system.This means that in the judgment of the defects of the declaration of intention in marriage,the maintenance of personal interests should be placed in the first place.Under this circumstance,error in the case of“wrong understanding of human nature” marriage and false marriage should be regarded as effective marriage,and error in the case of“wrongidentity of human beings”marriage,fraudulent marriage and coercive marriage should be regarded as revocable marriage.The fourth part is“the scope of application of the defects of the declaration of intention in marriage”,which mainly discusses the specific application after the validity judgment.This includes the time frame,the scope of the identity relationship,the scope of the property relationship,and the scope of the legal system.In our country,marriage stability is the primary consideration,so marriage effectiveness occurs when marriage is registered.However,the existence of the right of revocation will cause marriage instability.When the right of revocation is exercised,the validity of the marriage will be lost,but before that,the existing marriage relationship should be regarded as a valid marriage.In other words,the revoked previous marriage will still have the effect of marital status and property.In order to avoid the long-term existence of such unstable state,the exercise of the right of revocation must have a one-year time limit.After this time,the right of revocation will cease to exist.The revocation marriage will have full effect.Under this circumstance,the marriage effect can only be lost when the marriage registration authority grants the divorce or when the people's court divorce judgment takes effect.In addition,in the marriage legal system,when the marriage effect clause has conflicts with other validity clauses,it should be applied in accordance with the invalid clause over the revocable clause,and therevocable clause is superior to the effective clause.So it can maintain personal interests.