A Study on the Validity of Fraudulent Marriage from the Perspective of the Civil Code of the People’s Republic of China — Take the Example of Concealing Sexual Orientation in Marriage

Xiaoyu Sun

doi:10.62177/chst.v3i3.1694

Authors

Xiaoyu Sun Xi'an Polytechnic University

DOI:

https://doi.org/10.62177/chst.v3i3.1694

Keywords:

Fraud, Marriage, Concealing Sexual Orientation, Voidable Marriage

Abstract

Concealing sexual orientation in marriage has a long history, most of which involves fraud and is accompanied by violence and sexually transmitted diseases. If one party conceals his sexual orientation and enters into marriage with the other party, it belongs to fraud in the sense of civil law, and the law should give his spouse the right to annul marriage. However, China's Marriage Law does not regulate fraudulent marriage, but under the Civil Code system, the provisions on revocable marriage in the Marriage and Family Code are not closed, that is, the validity of marriage is not limited to the legal provisions defined in the Code, and spouses can cancel the fraudulent marriage according to relevant legal provisions.

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