英文摘要 |
In China, the rules of annulment of marriage has been considered as similar to the annulment of contract. However, there are some significant differences between them in the value structure and legislative goal. The narrow-sense annulment of marriage rules concerns the state's restriction on citizens marriage rights, and its legitimacy can be tested by the principle of proportionality. Disease as the cause of invalid marriage does not conform to the principle of necessity and the principle of narrow-sense proportionality. The relevant rules should thus be abolished. The legitimacy of the revocation rules of marriage should be tested by three conditions: the spouse's duty of care, the purpose of marriage and the public interest. Conspiracy marriages do not conform to the condition of public interest and should not be revoked. In fraud marriages, a marriage can be revoked only if one party intentionally conceals that he or she is suffering from unfit-marriageable diseases, persistent criminal habits, sexual dysfunction and sexual orientation. The error marriage should not be allowed to be revoked if the spouse fails to perform his or her duty of care. The legal property consequences of invalid marriage shall be decided according to different circumstances, depending on whether the property combination conforms to the true will of the spouses. |