After his wife was pregnant, she learned that her husband was suffering from AIDS!After the implementation of the Civil Code, the court judged like this

Look at the news KNews reporter Wu Haiping

2021-01-04 08:57

After the plaintiff Li and the defendant Jiang Mou introduced each other, they quickly determined the relationship of love. After the engagement, the two sides began to live together.In June 2020, Li was pregnant and the two sides registered to get married.Soon after registering, Jiang finally confessed to his wife that he had been suffering from AIDS for several years and took medicine for a long time.Although Jiang insisted that the AIDS he suffered from the infection period was no longer in the infection period, the possibility of transmitting Li and his baby in his abdomen was very small, and finally proved that Li was indeed not infected, but the husband’s illness still made Li Mou unable to be unable to failaccept.Although the two had a good foundation before, after several struggles with their hearts, Li still decided to terminate pregnancy and sued the Shanghai Minhang Court to revoke the marriage.

According to relevant laws, AIDS does not belong to a disease that causes invalid marriage.In this case, although the defendant suffered from AIDS, after a long period of drug control, it was no longer within the infection period. Therefore, if the plaintiff’s prosecution requested that the marriage was invalid, it would not be supported; if the plaintiff’s prosecution requested to cancel the marriage, it would not meet the "Marriage Law" regulations.The withdrawal situation; the plaintiff, as a non -wrong party, could not get effective relief.

Due to the particularity of the case, the judge conducted a lot of detailed demonstrations after the case was filed. Starting from the benefit of the faulty party, according to Article 1053 of the "Civil Code" just officially implemented, "If one party suffers from major illnesses, it shall register in marriage.The other party is informed of the other party; it is better to inform the other party, and the other party can ask the people’s court to cancel the marriage. "The court tried that the defendant in this case did not tell the plaintiff’s fact that he had AIDS before marriage.The introverted court’s prosecution requested the cancellation of marriage and should be supported, so the marriage relationship of the original defendant was revoked according to law.After the marriage relationship of the original defendant was revoked, the marriage between the two sides had no legal binding power from the beginning.

Judge said:

After the implementation of the Civil Code, not only will the register be registered to conceal the major illness before marriage as one of the cases that can be revoked by the wrong party, but also given the right to claim damage compensation without the wrong party. The plaintiff has obtained the most effective way to defend rights.

In this case, although the former and defendants registered the marriage time before the implementation of the "Civil Code", after the "Civil Code" was promulgated, the marriage status of the original and defendants continued to this day.The new regulations are based on the benefits of protecting the faulty party, and in accordance with the principles of profitability, the court finally made the above judgment in accordance with the relevant provisions of the Civil Code.

(Look at the news Knews reporter: Editor Wu Haiping: Xiaozhen)

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