BAD FAITH CONDUCT OF INDIVIDUALS ENTERING INTO MARRIAGE

This article examines the spouse’s bad faith conduct as a negative phenomenon occurring in marriage-related relationships. In the process, the author explores the legal significance of the legal relationship between individuals seeking marriage. It has been established that such legal relationships are aimed at fulfilling all the necessary conditions for marriage registration. Therefore, the spouse’s bad faith conduct in this relationship takes the form of a violation of the conditions for marriage established by family law. Based on the concept of bad faith as a formally legal act, the author differentiates between cases of bad faith and strictly illegal behavior in the relationships under study. It was established that the terms of marriage violations, involving the falsification of documents presented during state marriage registration, cannot be considered as bad faith, because it goes beyond the scope of an act that is legal in its form. The study also identifies qualifying features of a spouse’s bad faith conduct in marriage-related relationships: violation of the voluntariness of the marriage principle; the possibility of mutual bad faith of the spouses; the negative consequences of such behavior may affect the right to marry of the conscientious spouse, other non-property rights held by the spouse, as well as the property rights and interests of third parties and public entities. Based on the results of the study, bad faith conduct in relationships regarding marriage is characterized by the author as an extremely negative phenomenon, which necessitates further work on family legislation in terms of improving the institution of invalidity of marriage.

bad faith conduct, premarital relations, good faith of a spouse, organizational relations, invalidity of marriage, marriage registration, family law, mutual bad faith of spouses, voluntariness of marriage, private interests, public interests

Bazunov I. V. Bad faith conduct of individuals entering into marriage. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2025;4(73):252—257. DOI: 10.25683/VOLBI.2025.73.1470.