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

Ye Zeng

doi:10.54691/2t0t5g43

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

Ye Zeng

Frontiers in Humanities and Social Sciences, (2025), Vol.5, No.3, pp.1-7

Published: March 19, 2025

DOI: 10.54691/2t0t5g43

PDF: Download Full Text PDF

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.

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

APA Citation: Ye Zeng (2025). On the Determination of Marital Relationship After Declaration of Death and Its Revocation. Frontiers in Humanities and Social Sciences, 5(3), 1-7. https://doi.org/10.54691/2t0t5g43

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