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How to deal with flawed marriage steps

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How to deal with flawed marriage steps


        

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  • 2024-06-26 12:01:41

    1. The validity of the marriage certificate shall not extend to the plaintiff and defendant of the case. The validity of marriage certificate is the result of specific administrative action. The target is specific, which is only binding on the person registered on the marriage certificate, and should not extend to the plaintiff and defendant of the case. In China, there is only one way to establish marital relationship, that is, to adopt the registration mode. In terms of the legal relationship formed, it can be summarized as the administrative legal relationship, specifically, it can be classified as the act of administrative license. The act of the applicant issuing the marriage license is a specific administrative act, a license of rights. The applicant recorded on the marriage certificate is the party who is allowed by the administrative organ to enter into marriage and recognize the marriage relationship. When the administrative organ issues the marriage certificate, what it actually establishes is the valid legal document of the husband and wife relationship between the imposter and the non imposter, which has the effect of publicity and public trust, and is a formal legal marriage relationship; The validity of the marriage certificate cannot be directly denied until it is revoked through legal procedures by legal organs. Based on the relativity of administrative acts, the validity of the marriage certificate should not extend to the plaintiff and defendant in this case. This kind of marriage has no legal effect, and there is no legally recognized marriage relationship between the parties from beginning to end.
    2. Invalid marriage is legal, and the Marriage Law does not provide for exceptions. The reason for our country to determine the invalidity of marriage smoke is based on Article 10 of the Marriage Law, which states that "marriage is invalid in any of the following circumstances:
    (1) Bigamy;
    (2) Having relatives who are prohibited from marriage;
    (3) Having contracted a disease that is medically considered unfit for marriage before marriage and has not been cured after marriage;
    (4) Those who have not reached the legal age of marriage. " These are the four legally invalid situations. From the provisions, we can see that there are only four legal situations of invalid marriage stipulated by the law, and no other situations are stipulated. According to the above provisions, the marriage registration under the false name of another person is not invalid
    1、 The marriage relationship between the plaintiff and the defendant shall not be deemed invalid. It is worth mentioning that there is a contradiction between the Marriage Law and the Marriage Registration Regulations of the Ministry of Civil Affairs. Article 25 of the Regulations stipulates: "If the party applying for marriage registration practices fraud to obtain marriage registration, the marriage registration authority shall revoke the marriage registration, declare the marriage relationship invalid to the party who marries or remarries, and withdraw the marriage certificate." According to the provisions of the Opinions, the consequences of handling the same illegal act by different authorities are completely different. On the surface, this case can be judged as invalid. However, from the perspective of the value hierarchy of the law, the Marriage Law is a law and a superior law, while the Marriage Registration Regulations are only administrative regulations, whose effect is obviously weaker than the Marriage Law; On the other hand, the power of the Marriage Registration Ordinance to declare the invalid marriage relationship is vested in the marriage registration authority, which is an administrative power, not a judicial power. The court is not suitable to declare its marriage invalid based on the Marriage Registration Ordinance.

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