Research On System Of Invalid Marriage

Invalid marriage refers to the combination of both sexes which established as a statutory element of marriage, so it lacks legal effect. According to Marriage Law, the legal reasons which result in invalid marriage includes: (1) Bigamy; (2) A prohibition of marriage between relatives; (3) Marriage with medical illness that should not be married, marriage has not been cured; (4) Under the legal age. As long as the four reasons, the claimant may apply to court to declare the marriage null and void. The effect reflects on time and people, and the time effect emphasizes that the marriage should be invalid from marriage establishing, and not the date of marriage binding; the people effect emphasizes two aspects: first, it effect on the personal relationship between the parties and property relations, the parties no longer have the rights and obligations between husband and wife, and the processing during living should be joint owning. The second consequence is that the child of the parties becomes an illegitimate child from legitimate.There are a lot of problems about legal effect and confirmation process in the invalid marriage, so we can take the following measures: (1) Strengthening the property rights protection about the third copartner and creditor; (2) Increasing efforts in protecting the innocent copartner and establishing no-fault compensation system for damage party; (3) Abolishing the dual title of illegitimate children, protecting the legitimate children of invalid marriage rights and interests of the parties better; (4) Appropriately enlarging the scope of the claimant, and supervising the illegal act of marriage better; (5)Uniting the declaration marriage agencies, and getting the rights in the People's Court.