Research On The Civil Remedies Of The Bona Fide Party Concerned Of The Void Marriage

The marriage law of our country stipulates the void marriage and revocable marriage regulations,in which the illegal marriage is null from the very beginning and the parties concerned are devoid of any rights or duties of a husband and a wife.Therefore,the bona fide party can't obtain legal remedies like legitimate spouse when the court dissolve the live-in relationship.The judge provide legal remedies to the bona fide party for his innocent and investigate the civil liability of the other party for his malicious deeds.It is justifiable to provide civil remedies only when the party is innocent for the marriage be announced void.But due to the marriage law in our country doesn't stipulate the meaning of the bona fide and mala fide,we can only comprehend them refer to the theoretical perspectives of the civil law.To distinguish the bona fide one and the mala fide one between the parties concerned of the invalid marriage under every specific situations that the marriage is declared null.The legal doctrine applicable to the civil remedies which protect the interests of the bona fide party concerned of the void marriage is the basis formation of this civil remedies system.Through analyze the different legal doctrine of the civil remedies system to protect the bona fide party concerned of the void marriage,conclude that the benefits and rights of the bona fide party have particularity because it sustain damage from losing the legal status as legitimate spouse.The civil remedy system of the bona fide party facing with void marriage can't apply the regulations of general tort liabilities or liabilities for breach of contract,so it is necessary to establish the special regulations of tort liability for protecting the bona fid party in marriage law.According to the legislative value and the existing laws of our country,it is disagree to use the civil remedy regulations of legal divorce or to recognize the bona fide party's marriage legal effect,but it is suitable to give the bona fide party some kinds of economic rights when meet specific conditions.The compensation for damage is the main economic way of bearing tort liability,which not only fulfill the aim of protecting the bona fide party,but also won't cause the confusion of the legal marriage and the illegal marriage.For it is suitable for the legislative value and the existing law,the compensation for damage should be set up as the basic measure to protect the rights of the bona fide party concerned of void marriage.Besides,it is always appear that the fact of damage is difficult to find or to be proved in judicial practice,and it needs another measure to remedy the bona fide party under such circumstance.There are two civil remedy measures in the existing laws of our country which don't need damage fact as tenable condition,one is the financial compensation and the other is financial assistance.Considering the financial compensation's value concept compares to the financial assistance is more close to the aim of the civil remedy of the bona fide party facing with void marriage,so it is more appropriate to use financial compensation as the additional way to remedy the benefit of the bona fide party.There are certain conditions need to be satisfy when apply remedy measures to protect the bona fide party concerned of void marriage,such as the one who obtain remedies is innocent and the marriage was declared invalid,etc.The financial compensation of protecting the bona fide party in void marriage can only be applied in the situation which the facts of damage is difficult to identify or to be proved,and the judge also can't completely exclude the damage facts of the bona fide party.