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On the false identity and the legal effect of sham marriages remedies

Author: LaiWeiLian
Tutor: WangHong
School: Southwest University of Political Science
Course: Legal
Keywords: Marriage False identity Sham marriages Invalid marriage Voidable marriage
CLC: D923.9
Type: Master's thesis
Year: 2010
Downloads: 175
Quote: 2
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Abstract

This article explores the use of false identities and bogus marriages legal effect remedies. Rehabilitation \With the \The current legal marriage registration for this have substantial elements of parties other statutory use of false identities, one or both not out of affection, but for other purposes sham marriages legal provisions did not expressly regulate them. In judicial practice, because people judge finds this case are quite different, so that the processing results to differ materially, and some to be resolved through civil litigation, while others be resolved through administrative proceedings; some by a valid marriage process, and some press invalid marriage or annulment of the marriage process; there is \Evidently, a false identity to solve the problem is much less fake marriage urgent. Therefore, this article from the legal binding case law to explain, analysis of these various forms of \The first part introduces a typical false identity fake marriage cases and summarizes the author of the court's five different perspectives, and finally put forward the issue to be discussed in this article is false identities sham marriages legal effect and remedies. The second part of the article describes the main elements of marriage, effectiveness and applicable in question; pointed out that the elements of the marriage, including real effective and formal requirements; also introduced China's current marriage law may revoke an invalid marriage and the institution of marriage, while noting that the false identity the legal effect of sham marriages are still not clearly defined, to the judicial practice has brought great confusion. In addition, sham marriages, including one introduced no real true meaning of marriage and both married to each other without the true meaning of both cases. The third part analyzes false identities sham marriages legal effect, such marriages Detailed Analysis established or not, whether they are invalid marriage, whether the marriage may revoke false identities and representations in the negative drawbacks of sham marriages to demonstrate false identities marriages Marriage is established and effective. Articles fourth part analyzes the false identity of sham marriages remedies, analyze administrative proceedings is not feasible, unscientific, and made false identities sham marriages should be resolved through civil channels, simultaneous analysis of the main defendants in civil litigation issues and made for the use of false identities sham marriages, only the implementation of the specific person married to produce legal effects, if the defendant's true identity can be identified, it should be to the true identity of the subject of proceedings; if the defendant's true identity can not be identified, the people on their marriage certificate as a subject of litigation. Article fifth part of the evaluation of the new \

On the false identity and the legal effect of sham marriages remedies

Abstract

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