" red Lou Meng " the 96th in, after Gu Baoyu loses a Ling Baoyu, become crazy crazy foolish, merchant the mother is fond of to give Bao Yuchong, the marriage of jade of force facilitating treasure and Bao Chai. Everybody concealed treasure jade and black jade, to prevent treasure jade make trouble, wang Xifeng is set issued plan of stealthily substitute one thing for another, cheating what Bao Yu says to marry is black jade. Treasure jade and treasure hairpin do obeisance to hall hind, treasure jade discovery is not black jade under lid head Jing is immediately foolish. So, merchant marriage of Bao Yuneng regret?
Let us analyse the legal state of Gu Baoyu and marriage of Bi treasure hairpin with modern marriage law: Marry above all cent is formal important document and substantial important document, formal important document points to marry by legal process, substantial important document points to accord with conjugal statutory requirement and prohibit condition.
Look from the form, the Bai Tangcheng of archaic marriage is equivalent to be being registered contemporarily in person marry, treasure jade and treasure hairpin had been done obeisance to hall finished namely register marry, formal important document is legal.
Look from essence, treasure jade and treasure hairpin all achieve legal marriage the age and without the disease that prohibits marrying, because allow 3 acting less than at that time collateral line and consanguineous intermarriage, although 2 people are cousin also calculates lawful, the object that the problem marries of one's own accord in Yu Baoyu is black blame hairpin, he is was being fallen to marry Bi Baochai by the circumstance of cozenage, substantial important document is accordingly imperfect.
So...
Can be Gu Baoyu denied apply for marriage to disable with be being cheated to marry or cancel marriage?
Analyse Gu Baoyu marriage from modern marriage law
" marriage law of People's Republic of China " the 10th regulation, have one of following state, marriage is invalid: 1, bigamous; 2, the relative that prohibits marrying concerns; 3, the disease that thinks to ought not to marry on medicine contracts before marriage, have not cure after marriage; 4, did not decide marriageable age to the law.
" marriage law of People's Republic of China " eleventh regulation: Because of what threatening marriage, suffer threatening one party to be able to register mechanism or cancel of people court request to marriage this marriage. Accept the plea of marriage of threatening one party cancel, ought to marry oneself since the day that register put forward inside a year. Be restricted what the party of person freedom requests cancel marriage illegally, ought to rise from the day that resumes person freedom put forward inside year. Invalid or by the marriage of cancel from only then invalid, party does not have husband and wife's right and obligation.
Although Gu Baoyu is cheated to marry on subjective understanding, but do not belong to application marriage disables and but the case of cancel, so Gu Baoyu cannot regret marriage, can divorce only!
