From the Civil Code to see AIDS prevention and treatment - about disease notification and marriage cancellation

The Civil Code of the People's Republic of China, which will come into effect on January 1, 2021, is known as the "Encyclopedia of Social Life" for the protection of rights and interests, and will therefore have an important impact on the prevention and treatment of AIDS, for example, the issue of notification of people living with AIDS.
this time we're going to take a look at it in depth from the "revocable marriage to conceal disease" clause. article 1053 of the Civil Code stipulates that
one party suffering from a serious illness shall truthfully inform the other party before registering the marriage;
request for revocation of the marriage, it shall be made within one year from the date on which the date on which the revocation is made or should be known".
there are several key words to note: major illness, marriage registration, truthful notification, within a year.
the first keyword, "major illness."
medical advances, the definition of the category of major diseases will change.
, is AIDS a major disease? Whether in terms of damage to individuals infected and their impact on the family, or in terms of harm to economic development and social stability, or from the stage of development of AIDS prevention and treatment technology, as well as from the national attention, AIDS is undoubtedly a "major disease" in the current and long-term future.
the second keyword, "Before marriage registration".
since the implementation of the Marriage Registration Ordinance, as amended in 2003, the provisions for the submission of premarital health examination certificates (i.e., the compulsory marriage examination system) have ceased to apply.
should both men and women be informed of their illness before marriage registration? What kind of disease needs to be informed? There are different views in society, but in accordance with the principle of "no punishment expressly provided for by law", it is basically considered that notification of disease is the individual right of both parties.
the civil code to be introduced balances the compulsory marriage examination system with free notification: a major illness should be truthfully communicated to the other party prior to registration of the marriage in order to guarantee the other party's right to know.
the third keyword, "Tell me the truth."
This connotation is enriched, simple information, may only be the name of the disease, symptoms and progression, complex information may involve a lot of details, such as whether it can be cured, whether it is contagious, whether it is inherited, how to get sick ... The more content the more complex the problem, which is also some people living with AIDS do not want the other side of the marriage to know the disease situation, so they chose not to tell.
the Civil Code is implemented, it becomes the wrong party without notice, and the no-fault party can propose the revocation of the marriage.
the fourth key word is "proposed within a year".
is the no-fault party going to ask for the marriage to be revoked? The Civil Code provides that a party intending to apply to the court for revocation of the marriage may not exceed that time within one year from the date on which the reason for the revocation is known or should be known.
of course, if one party truthfully informs the other party before the marriage is registered and the other party is still willing to register the marriage with him, the Civil Code respects the autonomy of the marriage and determines that the marriage is valid.
about legal liability.
some people think that the withdrawal of marriage is revoked, and it has no effect.
is not, but to bear civil liability or even criminal liability.
law, the revocation of marriage means that the parties do not have the rights and obligations of the husband and wife, that is, the two parties did not exist a relationship between husband and wife.
1054 of the Civil Code provides that the no-fault party is entitled to claim damages.
Thus, as the wrong party who is not told the truth, there is a great economic cost, and if one party is infected with the disease because the other party has not been informed, it falls into the category of intentional transmission and is subject to criminal responsibility, including the crime of intentional injury, intentional homicide, etc.
also think that this kind of notification violates the privacy rights of the sick party? The prevailing view in society is that, in such cases, the right to privacy should give way to the right to know.
because in the common family life, the relationship between husband and wife is highly intimate, close contact, whether it is to protect the rights and interests of the parties or improve eugenics, frankness and full information are important prerequisites.
From the above, it can be seen that the Provisions of the Civil Code on "revocable marriage concealing disease" may be an important breakthrough in promoting the resolution of the difficulties of informing the spouses of infected persons in china's AIDS prevention and control, and can encourage people living with AIDS to fulfill their obligation to inform them truthfully.
of course, we should also see that there are still some technical details that need to be reasonably explained and improved in judicial practice, for example, how to protect the privacy rights of the infected party? What is included in the notification? How do I prove that the other person has been informed? How is the legal meaning of "knowing or should know" defined? ...... But in any case, for the spouses of people living with AIDS, it can be said that the addition of a powerful legal weapon.
China CENTER for Disease Control and Prevention Source: China CDC Copyright Notice: All text, images and audio and video materials that indicate "Source: Mets Medicine" or "Source: MedSci Original" are owned by Mets Medicine and are not authorized, and no media, website or individual may reproduce them, and shall be reproduced with the words "Source: Mets Medicine".
all reprinted articles on this website are for the purpose of transmitting more information and clearly indicate the source and author, and media or individuals who do not wish to be reproduced may contact us and we will delete them immediately.
at the same time reproduced content does not represent the position of this site.
leave a message here