What's wrong with you before you get married?
1. What diseases should be informed before marriage?
Serious hereditary diseases, designated infectious diseases, related mental diseases and other diseases related to marriage and childbirth. Note: If you have a serious illness and don't tell the truth before marriage, the other party can cancel the marriage through the court after knowing it.
case sharing
My husband pulled out his tooth and has been bleeding for more than ten days since he came back. After the wife asked, she learned that her husband had a serious hereditary disease-hemophilia A. It turned out that the husband was afraid that his wife would not agree to get married, so he kept it a secret. If the wife can't accept it, she will bring a lawsuit to the court to request the cancellation of the marriage, and the court will support it according to law. Because one party suffers from a serious illness and fails to tell the truth before marriage, the other party may request the people's court to cancel the marriage.
Second, what diseases should be informed before marriage?
Learning point
(-) Major disease categories
1. Severe hereditary disease: refers to a hereditary disease that is medically considered unsuitable for bearing children. Due to genetic factors, the patient is totally or partially unable to live independently, and the risk of offspring reproduction is high.
2. Designated infectious diseases: refers to AIDS, gonorrhea, syphilis, leprosy and other infectious diseases that are medically considered to affect marriage and childbearing as stipulated in the Law on the Prevention and Control of Infectious Diseases.
3. Related psychosis: refers to schizophrenia, manic-depressive psychosis and other severe psychosis.
4. Other diseases related to marriage and childbearing, such as diseases of important organs and reproductive system. To understand "major diseases", we should grasp a principle, that is, whether suffering from diseases affects the physical and mental health of married couples and the physical and mental health of children born after marriage.
(2) The onset of serious illness should be earlier than the time of marriage registration. If the party suffering from a serious illness does not know the fact that he is ill, it does not constitute a revocable marriage because he has no intention to hide it.
Third, what diseases should be informed before marriage?
(3) If one party performs the obligation of informing before marriage, the right of cancellation shall be extinguished. If the sick party truthfully informs the other party of the illness before marriage registration, and the other party is still willing to get married, it can no longer be used as a request to dissolve the marriage.
(4) The time limit for exercising the right of revocation is 1 year, and it shall be filed with the court within 1 year from the date when the reason for revocation is known or should be known. Note that this period is a predetermined period, and the provisions on suspension, interruption and extension of the limitation of action are not applicable. If it exceeds 1 year, the people's court will not support it.
(5) can only be submitted to the people's court. Article 1053 of the Civil Code does not stipulate that the marriage registration office has the right to accept the application of the parties or cancel the marriage ex officio. Therefore, if one party suffers from a serious illness but fails to tell the truth before marriage, it should be submitted to the people's court.
(6) If the marriage is revoked, the innocent party has the right to claim damages, including material damages and mental damages.
(7) A marriage that is void from the beginning after revocation means that this marriage has never taken effect.
(8) Why should we protect the right to know about serious diseases? Because freedom of marriage should be based on mutual understanding and trust. Not all major diseases can be effectively controlled. Some diseases will not only be passed on to future generations, but also require long-term treatment and care, which is a heavy burden on family economy and spouse spirit.
(9) Active premarital examination is the guarantee of marriage. In 2003, China abolished compulsory premarital examination, but this does not mean that premarital examination is useless. (For the specific scope of major diseases, the Civil Code has not made clear provisions, generally referring to the provisions of Article 8 of the Maternal and Child Health Care Law, including serious hereditary diseases, designated infectious diseases and related mental diseases. As for the identification of other major diseases, it depends on the specific analysis of each case. )