The establishment of the liability for damages of invalid marriage in empirical law began with the second paragraph of article 1054 of the Civil Code.The liability for damages is constructed under the guidance of the principle of trust,and its elements of liability and legal effect should be unified under the principle of trust.Comparing the reasonableness of trust of the relying party and the imputability of the responsible party,we can get the constituent elements of the liability:the party who trusts the validity of the marriage registration and does not know the invalidity of the marriage due to gross negligence is the party without fault;the party who has bigamy,does not reach the legal age or knows that he has a kinship relationship that is prohibited from marriage is the responsible party in an invalid marriage.As far as the scope of damages is concerned,it is possible that the damages of expected interests and trust expenses can be compensated at the same time.If the marriage is invalid and suffers serious mental damage,the innocent party should also claim compensation for mental damage.
invalid marriagedamage compensationliability for trustfault
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