On the Marital Validity and Legal Application of Fraudulent 'Same-Straight Marriage'

Abstract

For a long time, due to China’s law does not recognize same-straight marriage, resulting in "same-straight marriage" long-standing, and triggered a series of problems. In fact, "direct marriage" is contrary to the value orientation recognized by the Marriage and Family Code of the Civil Code and does not have the legitimacy basis protected by law. The nature of "concealing sexual orientation" is similar to "concealing major diseases,"which constitutes fraud in the true sense of civil law and violates the privacy rights of spouses. The " same-straight marriage" with concealed sexual orientation should be regarded as a revocable marriage, and its spouse should be given the right to revoke the marriage. The provisions on revocable marriage in China’s "Civil Code" are not completely closed, and the relevant judicial interpretations do not strictly limit the circumstances of revocable marriage. Therefore, " Same-sex wife" may apply the provisions of Article 148 of the Civil Code to request the court to revoke the marriage.