Ningbo man suffers from syphilis to conceal medical history, what should the woman do
After registering for marriage, a premarital examination was conducted, only to find that the man had syphilis before marriage, and the other party did not mention a word from beginning to end-this kind of "being cheated into marriage" situation, the law gives a clear relief channel: the marriage can be revoked. Conclusion First: If one party suffers from a major illness, he should truthfully inform the other party before the marriage registration; if he does not truthfully inform, the other party may request the people's court to cancel the marriage within one year from the date when he knows or should know the reason for cancellation (Article 1053 of the Civil Code). After the marriage is revoked, it is not legally binding from the beginning. Both parties do not deal with the joint property and joint debts of the husband and wife. The no-fault party can also request damages-compared with divorce, the protection of rights and interests is more thorough. This paper combines real cases and legal points to sort out "how to judge, how to claim, how to miss what to do".
1. Real Case: Syphilis Found in Premarital Examination, Court Sentenced to Revoke Marriage
A case concluded by the People's Court of Jiulongpo District, Chongqing City in 2024 is quite representative (according to a report by Guangming Net on May 14, 2024): Xiaoshuai and Xiaomei registered for marriage after many years of love. In order to prepare for pregnancy, the two went to the Maternal and Child Health Hospital one week after marriage. Xiaoshuai was found to be syphilis positive. Xiaomei sued for the cancellation of the marriage on the grounds that the man concealed a major illness before marriage and made him make a wrong intention to marry. The court held that syphilis is highly contagious and difficult to cure. It is an infectious disease that is medically considered to affect marriage and childbirth. The man did not truthfully inform before marriage, which is in line with the revocable marriage situation stipulated in Article 1053 of the Civil Code, and the marriage relationship between the two parties was revoked. Similar judgments have appeared in Beijing, Nanjing and other places: In January 2021, the People's Court of Chaoyang District, Beijing concluded the first case of applying the civil code to revoke the marriage clause in Beijing. It was precisely because the man concealed a major illness before marriage and decided to revoke the marriage (According to a report by CCTV on January 9, 2021). As can be seen from these cases, the core elements of the Court's review are threefold: whether the disease is a "major disease"(Usually refers to diseases that are medically considered not to be married or affect marriage and fertility, such as Class A and B infectious diseases stipulated in the Infectious Disease Prevention and Control Law during the infectious period, as well as serious genetic diseases, related mental illness, etc.); Whether the affected party knew and concealed before marriage; whether the other party has therefore made a wrong intention to marry..
2. Legal Essentials: Five Differences Between Marriage Revocation and Divorce
article 1053 of the the People's Republic of China Civil Code stipulates: "If one party suffers from a major illness, he shall truthfully inform the other party before the marriage registration. "The key to understanding this system is to grasp the difference between annulment and divorce: first, it is of a different nature-annulment is not legally binding from the beginning, which is equivalent to" never married. Second, the treatment of property is different-if the marriage is invalid or revoked, the property acquired during the period of cohabitation shall be dealt with by the parties by agreement, and if the agreement fails, the court shall decide in accordance with the principle of taking care of the no-fault party, and shall not be dealt with in accordance with the rules of common property and common debt of the husband and wife. Third, the treatment of children is different-the annulment of the marriage does not affect the rights of the children born, the relationship between parents and children still exists, and the issue of upbringing is handled in favor of the children. Fourth, the period of claim is different-the right of revocation must be exercised within one year from the date when the cause of revocation is known or should be known, and the right of revocation is extinguished within the time limit. Fifth, damages-Article 1054 of the Civil Code stipulates that if the marriage is invalid or revoked, the no-fault party has the right to claim damages. That's why, when it comes to hiding a major illness before marriage, timely assertion of revocation is more beneficial to the no-fault party than passive divorce.. As for the scope of "major diseases", the law does not list them one by one. In practice, it combines the provisions of the "Maternal and Child Health Law" on pre-marital medical examinations for designated infectious diseases, serious genetic diseases, and related mental illnesses, and the "Infectious Disease Prevention and Treatment Law" The classification of infectious diseases comprehensively recognizes that syphilis is a Class B infectious disease, which is highly contagious and difficult to cure, and is usually identified as a major disease affecting marriage and childbirth.
How 3. Claims: Steps, Materials and Time Limits
the operation path for requesting revocation of marriage is as follows: first, fixed evidence-obtaining "premarital medical examination certificate", premarital examination report, hospital examination form (TP positive, etc.), medical treatment records, and keeping chat records and recordings that the other party admits to be sick or conceals; The second step is to confirm the time point-calculate "the date when the reason for revocation is known or should be known", and the one-year exclusion period starts from that day, the third step is to file a lawsuit to the people's court with jurisdiction (generally under the jurisdiction of the basic court of the defendant's domicile or habitual residence) to file a lawsuit to cancel the marriage. Note that the cause of the case is "cancel the marriage dispute" rather than the divorce dispute. The fourth step is to claim damages-to file a claim for damages in the lawsuit to cancel the marriage. The fifth step, processing follow-up-after the judgment comes into effect, with the effective judgment documents to the marriage registration authority for marital status information processing or cancellation of registration. In terms of materials, the prosecution should submit: marriage certificate, identity certificate of both parties, premarital medical examination certificate or test report (proof of illness and lack of notification), materials proving that the time of cancellation is known (such as the record of the other party's self-admission), and other supporting evidence (medical record, payment certificate, etc.). Special reminder: If you know that the reason for concealment is not prosecuted until more than one year later, the right of revocation is eliminated, and you can only be treated as divorce-at this time, you may be at a disadvantage in the division of property and damages, and you must grasp the period.
4. common mistakes
myth 1: Concealing illness can only divorce, not "return". Positive solution: If a major illness is concealed, the marriage can be revoked within one year after the cause is known. The marriage is invalid from the beginning and the rights and interests are protected more thoroughly.
Myth 2: When found can be revoked. Positive solution: The right of revocation is limited by the one-year period of revocation. It shall be counted from the date when the cause of revocation is known or should be known. It shall be extinguished after the expiration date and can only go through divorce procedures.
Myth 3: As long as the other party is ill before marriage, it can be revoked. Positive explanation: it must be a "major disease" and it is not truthfully informed before marriage; a common disease that has been cured and does not affect marriage and childbirth, or has been truthfully informed, does not constitute a cause for revocation.
Myth 4: After the marriage is revoked, the other party does not have to raise children. The right solution: the annulment of the marriage does not affect the relationship between parents and children, and the obligation of the biological father and mother to support the children still exists.
After the revocation of the 5.: the treatment of property, bride price and damages
the aftermath of the annulment of the marriage is also the focus of rights protection. According to Article 1054 of the Civil Code, an invalid or revoked marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife; the property acquired during cohabitation shall be dealt with by the parties by agreement, and if the agreement fails, the court shall take care of the innocent party. The principle of judgment; the innocent party has the right to claim damages. Specific operation level: ① The real estate and vehicles purchased by joint investment shall be divided at a discount according to the proportion of investment and the principle of caring for the innocent party, and the rule of equal distribution of joint property between husband and wife shall not apply; ② Return of bride price-the return of bride price under the circumstances of annulment of marriage or short living time, etc., the court will decide according to the living time together, the amount of bride price, whether to have children and the fault, the fact of concealment of major diseases may be an important factor in the consideration of return. ③ Damages-can be claimed together in the lawsuit of revocation of marriage, and the evidence of concealed diseases and damage consequences should be submitted; ④ Children's treatment-children born are treated according to the rules of illegitimate children, and the maintenance, visitation and maintenance fees are as usual. The biological father cannot evade the obligation of "marriage is revoked. If the property and debt relationship between the two parties is complex, it is recommended to give priority to negotiation and retain a written agreement, and no further litigation can be negotiated.
6. FAQ
can I ask for the return of the bride price after the marriage is annulled?
can claim. If the marriage is revoked, the marriage is not registered or the bride price is not returned together, the court shall decide whether to give birth to children and the circumstances of the fault. If the other party conceals a major illness and causes the marriage to be revoked, the fault is usually an important consideration in determining the proportion of the return, and there is no uniform standard for the specific amount.
Which disease count "major disease"? Hepatitis B, HPV positive count?
It needs to be judged on a case-by-case basis. In practice, reference is usually made to the designated infectious diseases (such as syphilis, gonorrhea, AIDS, etc. during the infectious period), serious hereditary diseases and related mental illnesses stipulated in the Maternal and Child Health Care Law; hepatitis B virus carrying, HPV infection, etc., if it does not affect normal life and fertility and has been informed, it is generally difficult to identify as concealing major diseases. Whether it is "significant" depends on whether it affects marriage and fertility and whether it is difficult to cure.
The other party conceals the disease, but he is also hesitating whether to leave. Can he observe before deciding?
Yes, but be sure to pay attention to the one-year period: if you do not claim it within one year from the date you know or should have known, the right of revocation will be extinguished. You can fix the evidence and advice before deciding whether to withdraw or divorce, but don't "drag on for a year" and then regret it.
Revocation of marriage and divorce, what is the difference in property?
The revocation of the marriage shall be treated according to cohabitation, not according to the rules of the common property of the husband and wife, and the court shall decide on the principle of taking care of the innocent party. If the marriage parties jointly funded the purchase of houses, debt intertwined complex, the property consequences of the two paths are significantly different, it is recommended to weigh the choice in the light of the specific circumstances.
Does revocation of marriage affect the household registration and upbringing of children?
does not affect. The children born are still the children of both parties, and the obligations of raising, visiting, and alimony remain as usual; household registration is handled according to the birth registration of the child, and the parent-child relationship is not changed due to the cancellation of the parents' marriage.
Practical Experience of 7. Lawyers
after marriage, it was discovered that the other party had suffered from a major illness before marriage and had been concealing it. The channel given by the law is to cancel the marriage, not to invalidate it. The rules require the party suffering from a major illness to inform truthfully before the marriage registration. If the party fails to inform truthfully, the other party may request the cancellation to the court within one year from the date when he knows or should know the reason for the cancellation. The period of this year is of a special nature and cannot be simply interrupted like the ordinary statute of limitations. The right of revocation will be eliminated after the expiration of the period, and the marriage will become valid. After that, it can only be divorced. So timing is the last mistake you can make in this type of case.
Evidence is gathered around two types of facts: the other person's medical history, and the existence of a concealment. Medical records, diagnostic certificates, test reports, long-term medication records, premarital or physical examination results, and exchanges admitted to concealment or denial in chat are all valuable directions; some materials are not available and can be obtained through court investigation channels in litigation. The starting point should also be accurate. It should be calculated from the date when you know or should know the reason for revocation. When you know for the first time and whether there is any evidence fixed, it will directly affect the determination of the time limit. Don't suffer from it.
The difference between the consequences of revocation and divorce is not small: after the marriage is revoked, there is no legal binding force from the beginning, the two parties are not treated according to the joint property and joint debt of the husband and wife, and the innocent party can also claim damages. Therefore, we should first calculate the difference in the results of which road to take, and then decide on the strategy, rather than choosing by emotion. In negotiations, the other party is often most afraid of being "revoked" by the unit and family members. This is indeed a pressure point, but it must be used in a measured manner and used as a bargaining chip rather than a purpose. After the cancellation, the problems of property, bride price and children will not disappear automatically. They still need to be planned together. Don't think that the withdrawal will be over.
Concealing a major illness before marriage is a serious breach of trust in marriage, and the law gives the innocent party a chance to "re-choose" with the system of "revocable marriage. Whether this opportunity can be seized depends on three things: evidence (premarital examination report, examination record, self-admission record), qualitative (whether the disease is "significant" and whether it is concealed), and limitation (prosecution within one year from the date of knowledge). For parties who find problems in premarital examination, do not miss the period due to emotional fluctuations. For those who really need to protect their rights, priority should be given to evaluating the cancellation path, and at the same time, plans for property and children arrangement should be made. The obligation to tell the truth before marriage registration is not only the respect for the partner, but also the bottom line of the law.