婚姻的效力与公序良俗——从两起婚姻实例谈起

就婚姻的效力与公序良俗的关系而言,近些年来出现的某些引发轰动和争议的婚姻,无疑可以成为我们研究时能够引用的典型事例。婚姻违背家庭伦理的,即因违反公序良俗而归于无效。现行公序良俗原则的立法有待完善,而无效婚姻的当事人也应该得到善待;这昭示着我们:法治的前提乃是对于人的尊重。

The Legality of Marriage, Public Order and Good Customs

Although the effect of marriage involves many factors, the special marriages appearing in recent years and causing sensation can be used as typical examples in regard to public order and good customs. The marriage that breaks family morality has no legal force. The current law about public order and good customs has to be made better, and the party concerned of the invalid marriage also should be treated kindly. From this, we can see that the premise of the rule of law is the respect for the people.