Means Defective Marriage Effectiveness Study

The Civil Code Marriage and Family Organization of the Code has revised the meaning of defective marriage,expanded the type of defective marriage,and included fraud into the revocable cause of marriage.The validity of the marriage concluded by the false representation of the Civil Code,which should be analyzed specifically,and cannot be considered valid,invalid or irrevocable.The Marriage and Family Organization of the Civil Code stipulates that after the cancellation of the defective marriage,retroactively,the marriage is invalid from the beginning,which is consistent with the legal effect after the cancellation of the contract behavior in China.Such a stipulation ignores the particularity of the marital act —— fact first.Under the retroactive provisions,it is not conducive to protect the interests of the non-fault party,especially when the non-fault party is a vulnerable member of the family and the realization of the third party claim,especially when one party borrows the third party in its own name for family life.Therefore,in order to protect the interests of the vulnerable family members and ensure the smooth realization of the third person's debt rights,it should be stipulated that it is not retroactive after the cancellation of the defective marriage.