[Case Summary]This case involves a dispute over the confirmation of the invalidity of a contract. In order to transfer her household registration to Beijing, A * signed a "Marriage and Post-Marriage Property Registration Contract" with B *, agreeing to cooperate in the household registration after three years of marriage and to divorce afterwards, and to pay 100,000 yuan. However, the purpose of the contract was not achieved, and A * entrusted Beijing Henglu Law Firm to handle the case.Wang DongThe lawyer requested that the court confirm the invalidity of the contract and order the return of 100,000 yuan. The court ruled that the contract violated public order and good customs and undermined the household registration system, and was therefore invalid. It ordered B * to return 70,000 yuan and C * to return 30,000 yuan. Legal provisions applied: Articles 8, 143, 153, and 157 of the Civil Code.

I. Review of the case

The parties often search for phrases such as "Is a fake marriage registration contract valid?", "Can I get a refund if I pay to register but fail to complete the process?", and "Is it illegal to use marriage to transfer household registration?". On July 7, 2020, A* signed a "Pre-marital and Post-marital Property Registration Contract" with B* through the introduction of C*. The contract stipulated that the two parties would register their marriage, and B* would assist A* and their child in obtaining Beijing agricultural household registration. After three years of marriage, they would divorce at the Civil Affairs Bureau after completing the household registration process. A* paid 100,000 yuan, and the money was delivered by C*.

Later, due to the failure to achieve the contractual objectives, A * repeatedly demanded repayment but to no avail, so he entrusted a lawyer to handle the matter.Wang DongThe lawyer helped recover the funds. The lawyer argued that the contract essentially aimed to obtain a Beijing household registration through marriage, which violated public order and good customs and undermined the household registration system, and should be deemed invalid. The property obtained after the contract was invalidated should be returned. Therefore, the plaintiff requested that the contract be declared invalid, and B and C should jointly return 100,000 yuan, with the litigation fees to be borne by them.

II. The focus of the case

  • Focus 1: Is the marriage registration contract invalid because it violates public order and good customs?Using marriage as a means to transfer household registration and evade the system.
  • Focus Two: How the funds should be returned and the responsibilities of all parties involved.B and C shall each return their respective shares.

III. The professional intervention of Hengluo Law Firm

The plaintiff (A) claimed that:The contract to transfer the household registration under the guise of marriage violates public order and good customs and undermines the household registration system, and should be deemed invalid. After the contract is deemed invalid, the 100,000 yuan obtained in accordance with the contract shall be returned, and B * and C * shall jointly return it.

The defendants (B * and C *) argued that:Claim that the contract is valid or that the payment should not be refunded (no valid defense basis was put forward in the trial).

Legal Opinion by Hengluo Law Firm:Wang DongThe lawyer pointed out that A and B agreed to move to Beijing through marriage, which essentially evaded the national household registration system and violated public order and good customs. According to Articles 8, 143, and 151 of the Civil Code, the contract is invalid. After the civil legal act is invalid, the property obtained through this act should be returned. C, who handled the payment of 30,000 yuan, and B, who received 70,000 yuan, should return the money respectively.

IV. Outcome of the case

The court held that the contractual relationship between A and B was invalid due to violating public order and good customs; the entrustment contractual relationship between A and C was also invalid due to violating public order and good customs. After the contract is invalidated, rescinded, or determined not to take effect, the property obtained by the actor through such actions shall be returned. Judgment: Confirm that the "Marriage Pre- and Post-nuptial Property Registration Contract" signed by A and B is invalid; C shall return 30,000 yuan to A within ten days; B shall return 70,000 yuan to A within ten days. Based on Articles 8, 143, 153, and 157 of the Civil Code.

5. Henglu Law Firm's Reminder

This case is handled by Beijing Henglu Law Firm.Wang DongThe attorney (practice license number: 11101201910090334, subject to the document issued by the judicial administrative authority) acts as the agent. Contracts that evade the household registration system, such as "fake marriage for household registration", are invalid because they violate public order and good customs. The money can be claimed back. Please do not easily believe in such operations. If you encounter disputes over money, you should entrust a professional lawyer to protect your rights as soon as possible.

VI. Common Questions About the Effectiveness of Contracts - FAQ

  1. Q: Is the contract for a fake marriage for household registration valid?
    A:It is against public order and good morals to evade the household registration system by getting married, and the contract is invalid from the outset.
  2. Q: If I fail to successfully obtain permanent residency by paying money, can I get a refund?
    A:After the contract is invalidated, the property obtained according to the contract shall be returned, and the party may request its return through litigation.
  3. Q: Who should I ask for the money handled by the agent?
    A:The amount of compensation shall be refunded according to the actual amount each party has received, and they may be listed as joint defendants.
  4. Q: What does it mean to violate public order and good morals?
    A:Civil legal acts that damage public order or good customs are invalid, such as evading household registration and purchase restrictions.
  5. Q: What are the consequences of an invalid contract?
    A:Return the property, offer compensation at a discounted price, and the party at fault shall compensate the other party for their losses.