Marriage Effective After Declaration Of Death

Declaration of missing and the system of declaration of death consciousness is the important system of civil law. The dead system is to deal with because of missing person missing for a long time and cause a series of property and personal relations unstable state of the system. Marriage has always been one of the important personal relationship. When the system of declaration of death and marriage together will be declared dead system of marriage problems, such as dead was pronounced dead people and its partner’s original marriage whether therefore lift, how to remove dead dismantlement later declared dead people and its partner’s original marriage is therefore, how to restore, declaration of death has been revoked later remarried will constitute bigamy and so on. This series of the validity of the marital relationship change will varies with the regulation, under special circumstances will also varies because of reality.Of general principles of the civil law of our country and the people is declared dead system although very good maintenance to the interested party property relationship, but for the provisions of the marriage relationship is either too absolute or leave blank, or there will be a paradox, which exist in the legal theory and practice is controversial, the current academic circles and law have not a relatively unified views and opinions, so that on the one hand makes himself and was pronounced dead man’s spouse even they married each other third person can’t get a fair and reasonable objective to protect the interests of, on the other hand also for all kinds of all kinds of related cases in real life cause legal problems., therefore, the author choose this kind of problem as the research object, combining with the relevant provisions of both at home and abroad and compared, and the different situations in real life is classified and legislative Suggestions from the Angle of the parties and on the basis of relevant regulation at home and abroad for reference, and explore the way of our civil law for such problems, in order to reduce the real life with case has no legal basis of the embarrassing phenomenon. In this paper, the full text is divided into three parts, including introduction, body and conclusion, the text includes three parts:Firstly,A pronounced dead and revocation system and the basic theory of marriage validity. First for dead and revocation system are summarized, including the concept, the purpose of the set, the paper briefly explains the legal effect, the second for declaration of death and revoked after marriage introduces the status quo, mainly divided into two aspects:one is dead and revoked after missing the original relationship with partner;2it is declared missing person after death and to cancel the new relationship with partner.Secondly, declared dead and deregulation of was pronounced dead and the living spouse the influence of the original marriage. First declared dead will lead to the lift of the original marriage relationship? Here the author at home and abroad are summarized compares the relevant provision after evaluation and individual legislation perfect suggestion. Second to cancel declare death led to the recovery of the original marriage? Here the author sums up the rules and their advantages and disadvantages at home and abroad defects on the basis of the rationalization proposals are put forward.Thirdly, declared dead and deregulation of was pronounced dead and the living spouse new marriage. Declared dead and after cancellation will also involve was pronounced dead and their respective living spouse’s new marriage relationship with the third person, in such case, the first is dead for the impact of a new relationship, because there is no recipe for their new marriage was pronounced dead, emphasis on survival spouse’s new marriage, after this rules at home and abroad are summarized, the author proposed the rationalization proposal of his own. Second is declared dead after the cancellation for the new relationship marketing, here is a most important problem is involved-dead dropped to remarry after a crime? Based on case introduction, summarizes the domestic and foreign gave his advice and the relevant provisions of the summary. This paper tries to through in the system for dead marriage effectiveness analysis and discussion, pointed out the deficiency of the current such rules, proposed the rationalization proposal for our current system, in reference to foreign advanced legislation, on the basis of a collection of related academic reasonable Suggestions, making Suggestions on the perfection of personal, thus to reduce this kind of phenomenon occurs in real life could not be in accordance with the circumstances and maximum of realizing the maximization of the spirit of the law embodies the human nature to give individual humble opinion.