Die Scheinehe in Deutschland im 19. und 20. Jahrhundert

In this work, Jens Eisfeld expresses his objections to solving the problem of sham marriages by using marriage law, which means he opposes regarding the sham marriage as an impediment which can justify the registrar's obligation to refuse to marry a couple or can enable a marriage to be subsequently annulled. He presents a study of the history of the sham marriage in the 19th nd 20th centuries, written from the standpoint of the history of law, providing political and dogmatic arguments against present law according to which a sham marriage can be used as a reason for annulling a marriage (Section 1314 Sub-Section 2 No. 5 of the Civil Code), a law which has been in force since 1998. Among other things, the author focuses on the Third Reich, which he also analyzes from the standpoint of the history of law. The National Socialists were the first to pass a law stating that a sham was an impediment to marriage, which contributed considerably to the creation of a National Socialist marriage law.