On the Determination of Marital Relationship After Declaration of Death and Its Revocation

Ye  Zeng

doi:10.54691/2t0t5g43

Authors

Ye Zeng

DOI:

https://doi.org/10.54691/2t0t5g43

Keywords:

Declaration of Death; Revocation of Declaration of Death; Validity of Marriager.

Abstract

The Civil Code further improves the declaration of death system based on inheriting the original declaration of death system. Among them, Article 51 contains a hidden legal loophole that needs to be properly applied through purposive restriction. According to the purpose of the declaration of death system, the original marital relationship terminates when the surviving spouse remarries; the person declared dead does not have the right to enter into a new marriage with others; only when both parties to the remarriage are in good faith does the remarriage have a legitimate basis for validity, and even if the declaration of death is revoked, the marital relationship between the surviving spouse and others remains valid.

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