On The Protection Of Bona Fide Parties In Bigamy

Marriage is the reliable basis for establishing a family and the origin of the kinship.Whether the marriage is established or not is not only related to whether the parties obtain the spouse status between the husband and the wife and the legality of the children,but more importantly,the various factors that are affected by the marriage relationship.Rights and obligations.With the promulgation of the "Civil Code" of our country,the previous "Marriage Law" related to marriage and family relations was formally included in the code,and became the "Civil Code" marriage and family section.The Marriage and Family section stipulates that bigamy is a marriage that is invalid from the beginning.The author believes that bigamy is all invalid and unreasonable.Bigamy violates the monogamous system.According to the degree of damage to the monogamous system,it is more reasonable to give bigamy different effects,and it is also more conducive to bigamy's well-intentioned parties.At the same time,the level of protection for bona fide parties in bigamy in the "Civil Code" is not sufficient.Only the last paragraph of Article 1054 can be applied.If the marriage is invalid or revoked,the party without fault has the right to request penalty for damages.The author proposes to classify bigamy according to the different types of bigamy,and to protect the bona fide parties in bigamy according to this classification.This article is divided into four chapters:Chapter 1 Overview of the protection of bona fide parties in bigamy: the concept of bona fide parties in bigamy is defined.The meaning of bona fide parties in bigamy is the same as that of good faith parties in bigamy.It specifically refers to the subjective integrity of parties in bigamy.Yes,I believe that the marriage I entered into is legal in both form and substance.At the same time,the legal basis for the protection of bona fide parties in bigamy is explained: 1.Article 49 of the Constitution mentions "marriage" twice: Article 49,paragraph 1,stipulates that "marriage,family,mothers and children are protected by the state.",Paragraph 4 stipulates that "it is forbidden to destroy the freedom of marriage." The essence of marriage protected in the Constitution is the value of living together.As long as the marriage between well-intentioned parties conforms to the essence of living together,it should be protected by the Constitution.2.The provisions of marriage and family formally entered the "Civil Code" as the "Marriage and Family" of the Civil Code.Therefore,the basic principles of the Civil Code,namely the principle of good faith and the principle of fairness,should be followed.The two principles are required to treat bona fide parties in bigamy Protect it.The second chapter is the necessity and legislative retrospective analysis of the protection of bona fide parties in bigamy.First,it analyzes the necessity of protecting well-intentioned parties in bigamy: 1.It is helpful to correct the value concept of sanctions against well-intentioned parties in judicial practice.2.Conducive to the realization of the value of legal fairness and justice.3.Conducive to maintaining social stability.The subsequent analysis of the legislative evolution and status quo of the protection of bona fide parties in bigamy,the 1950 Marriage Law and the 1980 Marriage Law did not provide for the protection of bona fide parties in bigamy.The2001 Marriage Law and the Civil Code Regarding the protection of bona fide parties in bigamy,the degree of protection is insufficient.The third chapter analyzes the comparative legal basis for the protection of bona fide parties in bigamy.The protection of bona fide parties in bigamy originated from the good faith party protection system in Roman law,which was later developed into a "fictitious marriage system" by ecclesiastical law and was adopted by the civil law system.It is adopted by most countries,and some countries in the Anglo-American legal system have adopted the fictitious marriage system.Finally,the experience of protecting parties in bigamy in Hong Kong,Macao and Taiwan is analyzed,hoping to provide a useful reference for the establishment of this system in our country.Chapter 4 categorizes bigamy according to the impact of bigamy on the monogamy system,giving bigamy different legal effects.Both parties malicious bigamy are invalid marriages.Both parties' good faith bigamy endow their marriage effects.Unilateral goodwill bigamy is declared invalid.Later,the invalidity of the marriage is not retroactive.According to this classification,good faith parties in bigamy are classified and protected.