Reconstruction of the Rules for Correcting the Effectiveness of Bigamy
Article 10 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of China(I)stipulates the rules for effect correction of invalid marriage.But it dose not state whether the rules apply to all three cases of invalid marriage(bigamy,having a family relationship prohibited from marriage,the legally marriageable age is not attained).Whether bigamy is applicable to the effect correction rules,the two opposing judicial viewpoints of"excluding bigamy"and"applying the effect correction rules without exception"are too one-sided.In this regard,it should be affirmed that when the bigamy situation disappears,there is room for applying the effect correction rules in remarriage.The force of the remarriage can be corrected on the basis of considering the effect of the former marriage that has terminated and the subjective state of the later marriage parties to refine the specifications and reconstruct the rules for effect correction of bigamy.
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