not only can you travel abroad, but you can also marry a foreign wife and bring her home?
2024-09-03
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december 2019
chen was introduced by someone.
go to a marriage agency run by zhao
consultation on blind dates.
the company staff promised that
as long as chen pays 190,000 yuan,
the company can help him successfully introduce a wife from abroad and bring her home.
chen signed a marriage introduction contract with the company, and the two parties agreed that chen would pay 95,000 yuan first, and the remaining 95,000 yuan would be paid after the blind date was successful. after chen paid 95,000 yuan, the company arranged for chen to go abroad to have a blind date with a woman.
after the two lived together abroad for a month and got engaged, chen found out that the woman had concealed her marriage history, and the two separated. later, due to various reasons, chen stayed abroad for nearly 7 months. during this period, the marriage agency paid 25,000 yuan for chen's food and accommodation abroad. after returning to china, chen asked the marriage agency to refund the fees but failed, so he filed a lawsuit in court.
court decision
after trial, the yucheng county court held that the defendant, a marriage agency, engaged in foreign marriage agency services, violated the mandatory national regulations, and the marriage introduction contract signed by both parties was invalid, and the defendant should return the relevant fees. the plaintiff chen lacked risk awareness and was also at fault for the invalidity of the contract. in view of the fact that the defendant had borne various expenses during the plaintiff's overseas trip and that chen lived with and got engaged to the blind date girl, the court ruled that the defendant should return 40,000 yuan to chen. later, chen appealed to the shangqiu intermediate people's court. the second-instance judge explained the law to both parties, prompted them to reach a settlement, and voluntarily fulfilled their obligations in accordance with the first-instance judgment.
judge reminder
according to the provisions of the "notice of the general office of the state council on strengthening the management of foreign marriage introduction", no individual shall engage in or covertly engage in foreign marriage introduction activities by means of deception or for the purpose of profit. the nature of this document is a regulation. according to the "minutes of the national court civil and commercial trial work conference" issued by the supreme people's court, violation of regulations generally does not affect the validity of the contract, but if the content of the regulations involves public order and good customs such as financial security, market order, and national macroeconomic policies, the contract should be deemed invalid. the purpose of the relevant provisions in the "notice of the general office of the state council on strengthening the management of foreign marriage introduction" is to maintain the order of marriage and family and prevent citizens from being deceived by foreign marriage agencies, which falls within the scope of maintaining public order. therefore, in this case, the court determined that the marriage introduction contract involved in the case was invalid.
marriage should be based on feelings, and any attempt to exchange money for marriage should not be encouraged. although love knows no borders, cross-border marriages need to be cautious, otherwise you may lose both your money and your life. marriage introduction service agencies should build a healthy dating platform to guide people in need to establish a correct view of marriage, love and family. they must not blindly pursue interests and sign invalid marriage agency contracts in violation of the law.
reporter yue ming, wang yue, correspondent song chong, zhu wenxin
source: henan legal news
