A Study On The Legal Effect Of The Colluded Mendacious Wedding

Under the social background with the weakening of the ethical concept of marriage,the farce of fake marriage occurs constantly.In order to obtain the target city’s registered permanent residence,foreign nationality and more interests of demolition,the parties only carry out marriage registration,and agree not to live a marital life together.The marriage law and The marriage family are not clear about the legal effect of the colluded mendacious wedding,while The General Provisions of The Civil Law directly stipulate that the false behavior under the circumstance of collusion is invalid.In this conflict,the question of what law should be applied to determine the effect of collusion in false marriage,what effect it has and what legal effect it has on the parties and the third party arises.At present,about the legal effect of the colluded mendacious wedding has formed the situation that the effective theory,the invalid theory and the revocable theory have three sides,so far there is no conclusion.This paper mainly discusses the above problems.First of all,on the issue of the legal effect of the colluded mendacious wedding,some scholars maintain that the parties do not have the real meaning of marriage,so the false marriage is invalid;The scholars also argue that the marriage is revocable on the basis of respecting the autonomy of the parties;Some scholars,on the basis of the particularity of marriage behavior,argue that the general provisions of civil law should be excluded,so the false marriage should be valid.The author makes a comparative study of the relevant provisions of The Marriage Law and The General Provisions of The Civil Law and sorts out a large number of judicial cases.From this,we put forward the existing problems: The reasons for the colluded mendacious wedding are complex and varied;The validity of false marriage is not clear;Most courts indirectly recognize the validity of a sham marriage by granting or denying divorce,but the judgment is rather inadequate.Secondly,this section explores whether the general provisions of civil law can be applied in the absence of direct provisions of marriage law.The author first analyzes the rationality and impropriety of the application theory,the non-application theory and the difference application theory,and concludes that the difference application theory is the most appropriate.Then the author analyzes whether the false marriage is legally invalid and revocable with the method of interpretation of literary meaning.Conspiracy hypocrisy does not affect the establishment of marriage,and then analyze whether there is expansion of interpretation and analogy applicable space.It is true that there is collusion and hypocrisy in the act of marriage,and collusion and hypocrisy in marriage is still a legal act in essence.Considering the function of "common factor" in The General Provisions of Civil Law,When there is no provision in the marriage law,the provisions of the applicable contract and personality right may be referred to,and the invalidity of hypocritical legal act is not contrary to the characteristics of marriage.Thus,it is concluded that the marriagebehavior can be adapted to the stipulation that the hypocritical legal act is invalid.Finally,after defining the basis of the validity of false marriage,the author limits the invalidation of the false marriage to a serious violation of social public welfare according to the protection of the true will of the parties and the basic legal principle of invalid marriage.The legal effect of false marriage invalidation is divided into internal and external.The author introduces the effects on the relationship between husband and wife’s status,the relationship between husband and wife’s property and the relationship between their children.The exceptions that can be converted into valid cases are also analyzed.In terms of external effectiveness,the author selects the effectiveness of the third party in good faith to analyze.Firstly,the concept of bona fide third parties is defined."bona fide" includes two aspects: ignorance and no-fault."The third party" is a new legal relation with the party affected by the effect of false behavior,and the third party should also form an independent value protected by law.According to this standard,the bona fide third parties based on creditor’s right and property right is summarized.Subsequently,Further analysis of the jurisprudence that cannot oppose the bona fide third parties.In addition,the author makes a comprehensive comparison between this rule and the bona fide acquisition rules and See assignment rules for the list of claims,analyzes the limitations of the latter two,and tries to find out the legitimacy of the existence of the non-antagonistic rule.Therefore,it is concluded that the parties in the false marriage can not use this void against the bona fide third parties.It should be understood that when a bona fide person other than the parties to the marriage claims the validity of the false marriage,the parties shall not oppose the validity of the false marriage.