Marriage is the mainstay of the modern contemporary family. In the relationship between husband and wife, that which we usually call “honesty” is actually the principle of good faith found within the Chinese Civil Code.
We know that in the previous General Rules of the Civil Law, “good faith” as a basic principle has been implemented throughout almost all civil and commercial activities, while at the same time, it is also one of the principles to which a marriage should adhere.
Here, attention should be paid to marriage honesty and the autonomy of will which provides couples more space for agreement. According to Article 464 of the Civil Code, “Agreements concerning identity relationships such as marriage, adoption and guardianship shall be governed by the provisions relating to such identity relationships under the law; where there are no such provisions, the provisions may apply mutatis mutandis based on the nature of such agreements”.
This changes the rigid provisions of “not applicable” as determined in the original Contract Law and gives husband and wife the space to determine the marriage’s property, rights and obligations and liabilities for breach of contract by independent agreement. For a group with the need for a property agreement between husband and wife, it should be noted that professional lawyers can help them formulate pre-marriage or intra-marriage agreements that meet their actual needs.
Regarding the provisions on an “invalid marriage”, the Civil Code has deleted the provision of “illness” and defined “serious illness” as a party’s obligation to inform before marriage. According to Article 1053 of the Civil Code, “A party suffering from a serious illness shall faithfully inform the other party before marriage registration; if not, the other party may appeal to the People’s Court for annulment of such marriage”. If one party fails to truthfully inform the other party of the serious illness before marriage, the other party can request to cancel the marriage and claim compensation for mental damage.
This is also an addition in the case of revocable marriage. The former Marriage Law stipulates that husband and wife have the obligation to support each other, which is more to encourage mutual assistance and any help formed on the basis of the married relationship existing for many years and paying for the marriage together.
In recent years, many families have lost incredible amounts of money due to medical expenses surrounding illnesses. In practice, it is not inconceivable for a party to conceal a serious illness before marriage, which may create difficulties for the other party after marriage and is certainly contrary to the principle of good faith advocated by civil law. This revision also shows us that the principle of good faith is still the basic principle in the Civil Code.
In addition to the aforementioned content, if the husband or the wife conceals, transfers, sells off, destroys or squanders the property in joint possession of the couple, or forges common debts in an attempt to encroach upon the property of the other party, the former may receive less or no property when the property in the joint possession of the couple is partitioned.
The principle of good faith is not only the basic principle determined by the general principles of Civil Law, but also the embodiment of socialist core values and a judicial rule with negative consequences and responsibilities.
