The unique legislative structure of China regarding fraudulent marriages has resulted in the existence of interpretative difficulties in the application of the law to fraudulent marriages.Fraudulent marriage from the civil law system belongs to the special circumstances of the general fraudulent legal acts,from the theory,alternative remedies and the reality of the demand of the fraudulent marriage,there is a space for the application of civil legal behavior norms.In the application of the norms of the legal act,the value embodied in the basic principles of identity law is to explain the essence of the marriage,moreover,the freedom of expression and the substantive impact of fraud are the dual evaluation criteria when recognizing a fraudulent marriage.The defrauded spouse may claim annulment of the marriage,but the effects of the defrauded marriage are rectified when the material effect of the fraudulent act on the marriage disappears.
关键词
婚姻缔结行为/欺诈行为/效力瑕疵/体系化
Key words
conclusion of marriage/fraudulent marriage/defects of validity/systematization
维普
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