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05 Jun 2008 04:52 pm
Debating Annulment
Volokh defends a French court annulling a marriage because the bride lied about her virginity:
People are entitled to choose their spouses based on any reason at all,
and to my knowledge French law allows them to agree to divorce based on
any reason at all (again, at least if both agree). Saying that they may
also annul the marriage based on any misrepresentation that they saw as
material strikes me as no different: It's an accommodation of people's
choices about whom to have a tremendously important relationship with,
and we should generally accommodate those choices even when we think
they are partly unwise — I say partly because while the insistence on
virginity strikes me as unsound, the concern about the lie strikes me
as much more proper — or reinforce unsound community attitudes.
A French blogger discusses the case here.
(Hat tip: Reynolds)
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