The Revocability of Collusive and False Marriages

Since there is no clear regulation on the validity of collusion in false marriage in our country, there are many disputes in the academic circles, and four main viewpoints are formed: the revocable theory, the relatively invalid theory, the invalid theory and the effective theory. On the basis of analyzing the existing theories, this paper points out that it is not suitable to apply Article 146 of the General Provisions of the Civil Code, but should give the parties the possibility to protect their rights through the revocation mechanism. At the same time, in order to take into account the social public interests and the trust protection of a bona fide third party, the legal effect of marriage revocation should be differentiated between personal relationship and property relationship, and it is suggested to allow the validity of false marriage to be corrected to maintain the stability of the marriage system.