The Study Of Legal Problem About The System Of Void And Voidable Marriage

The amendment of the marriage law, ratified on April 28, 2001, added the system of the void and voidable marriage. From the time before it is instituted to the present time, the Hesperian legislation shows a new tendency. At the same time, the Chinese system conflicts with other laws when it is being carried out. So an in-depth study is necessary. In the text, the writer tries to study a new direction in system development at the new situation, and discuss to solve the problem that exists in the legal system, and give some legislative advice to perfect the Chinese system of the void and voidable marriage.The first chapter summarizes the legislative evolution of the system. The system had a rudiment in the era of Roman law, and instituted formally in the era of the Fane law and deeply developed in the era of the Capitalism law. These days, a new legislative tendency has come into being in the foreign law. It gradually pays attention to the justice from the format to the essential, and as long as the parties agree, they may use the divorcement instead of the marital nullity. Some scholars even begin to oppugn if they need the system of the marital nullity.The second chapter mostly discusses the excuse for the void andvoidable marriage. Basing on the analyzing the different legislation, and according to the marriage law, the judicial interpretation and the existent problem, the writer elaborate on the excuse for the void and voidable marriage.The third chapter argues the affirmative procedure that disputed in our country. Concerning the claimants and the period of claim, our correlative law needs to perfect. Majority of scholars consider that the marriage registration office and the court can occupy the affirmed department. But the writer thinks it does not agree with the legislative tendency of the world and makes against protecting the parties' legal rights.The fourth chapter studies the legal effects of invalid marriage. It discusses if it is retroactive when the invalid marriage is voided. And whether should the children' legal status be effected? And it is the same as the property of the partners. All of that, the writer thinks it should adopt the legislative mode of the France.The last chapter is the legislative advice about the system of the void and voidable marriage. In the new foreign developmental trend, the system demands to find a new way. Facing the conflict of the legal system, the writer gives some legislative advice after analyzing several cases. Concerning the voidable marriage, the writer considers to add the legal reasons. And the court should only occupy the affirmed department. In the end of the text, the writer advises to set up the system of compensating for damage when the invalid marriage is claimed to be void and withdrew in order to protect the interest of the goodwill party.