Author(s)

WenJing Deng

Affiliation(s)

School of Finance and Economics, Jiangxi University of Technology, Nanchang 330098, Jiangxi, China.

Corresponding Author

WenJing Deng

ABSTRACT

The 'Civil Code' deletes the medical prohibition of marriage in the ' Marriage Law ' instead of the major disease notification clause of the prospective spouse. The modification of this clause can better protect the parties ' marital autonomy. The parties can decide whether to marry the prospective spouse who has a serious illness according to their true intention. However, Article 1053 and Article 1054 of the Civil Code stipulate that the prospective spouse who has a serious illness before marriage registration has the obligation to inform truthfully. The scope of the serious illness and the obligation to inform the spouse of the sick party are controversial in practice. The right to know of the innocent party takes precedence over the privacy of the spouse of the sick party, and marriage involves the personal rights and property rights of citizens. Concealing the property and personality damage caused by major diseases to the innocent party, the innocent party has the right to claim damages. Marriage needs honesty. It advocates that the new people who are ready to enter the marriage respect each other and treat each other honestly. At the same time, it advocates the compulsory notification obligation of premarital examination.

KEYWORDS

Concealing disease; Marriage revocation; The right of no-fault party; Premarital examination

CITE THIS PAPER

WenJing Deng. The protection of the rights of the innocent party in the revocable marriage of concealing serious illness. Trends in Social Sciences and Humanities Research. 2024, 2(12): 1-6. DOI: https://doi.org/10.61784/tsshr3117.

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