通谋虚伪结婚行为的效力研究

A Study on the Validity of Collusive Sham Marriages

摘要: 婚姻以夫妻终生之共同生活为目的，然而现实生活中以获得目标城市户口、获取拆迁利益等为目的的通谋虚伪结婚行为层出不穷。在意思表示上，通谋虚伪结婚行为因欠缺建立夫妻共同生活的实质意思，构成结婚合意的瑕疵。在价值判断上，通谋虚伪结婚行为将婚姻制度工具化，具有明显的背俗性。在规范适用上，尽管结婚行为作为身份行为有其特殊性，仍可以在不违反其性质的范围内适用总则编关于意思表示瑕疵的相关规范。《民法典》第464条实际上成为架构婚姻家庭编与总则编的桥梁，婚姻无效的事由不仅限于部门法的列举，通谋虚伪结婚行为同样受总则编第146条的规制而无效。当然，在婚姻已实际履行或存在共同生活等事实时，无效婚姻可转化为有效婚姻。

Abstract: The aim of marriage is to establish a lifelong community of life between spouses. However, in reality, collusive sham marriages—entered into for purposes such as obtaining local residency or acquiring compensation for demolition—are becoming increasingly prevalent. From the perspective of the manifestation of intent, such behavior constitutes a defect in the mutual consent to marry due to the lack of substantive intent to establish a joint marital life. In terms of normative evaluation, it instrumentalizes the institution of marriage and is distinctly contrary to public morals. Regarding the application of law, although marriage possesses specificity as a juridical act concerning status, relevant norms regarding defects in the manifestation of intent in the General Provisions may still apply, provided they do not contradict the nature of such acts. Article 464 of the Civil Code effectively serves as a bridge connecting the Marriage and Family Book with the General Provisions. The grounds for the invalidity of a marriage are not limited to those enumerated in the specific Book. Collusive sham marriages are also governed by Article 146 of the General Provisions and are therefore void. Notably, when a marriage has been substantiated by reality or facts such as actual cohabitation exist, a void marriage may be transformed into a valid one.