Research On Defects Of Marriage Registration Procedure For Effectiveness And Remedies

The amendment of Marriage Law improves our marriage system in2001by the creation of invalid marriage system and revocable marriage system. The invalid marriage system and revocable marriage system are all about dealing with the marriages that does not meet the marriage requirements on the entity. But if the marriage registration can produce legal consequences, in the situation that the parties in the marriage registration procedure is not fully in accordance with the requirements of the law, there is no clear legal provisions.In the real life, disputes caused by defects of marriage registration procedures always happen, but it is difficult to be properly resolved. The types and effectiveness of defects of marriage registration procedures, and how to prevent from defects of marriage registration procedures, as well as how to relieve defects of marriage registration procedures, these problems should be carried out to research.This article uses example analysis to discuss defects of marriage registration procedures about its effectiveness and relief issues. The structure of this article is divided into four parts:the first part introduces a typical case as well as the main points of the case involved, which leads to the question about defects of marriage registration procedures. The second part defines the concept of defects of marriage registration procedures and describes its features, then describes several types of defects of marriage registration procedures. The third part analyzes the effectiveness of defects of marriage registration procedures for different types. The fourth part explores defects of marriage registration procedures for its relief issues. And the relief for defects of marriage registration procedures, mainly summed up as the administrative revocation, administrative litigation and civil litigation. It ultimately come to the conclusion that civil litigation is more appropriate as a relief way. So it is suggested that resolve disputes caused by defects of marriage registration procedures through the marriage is valid or not litigation. At the end of this article with regard to the prevention which is recommended for defects of marriage’registration procedures could be resolved through the establishment of marriage announcement system.