What are the diseases that are prohibited from marriage in the Civil Code?

Updated on society 2024-08-10
6 answers
  1. Anonymous users2024-02-15

    China's current civil code does not provide for diseases that prohibit marriage. The current "Civil Code of the People's Republic of China" has been abolished, and the previous law prohibits marriage by "suffering from a disease that is medically considered unsuitable for marriage before marriage, and has not yet been ** after marriage". Therefore, there are only diseases that are medically considered unsuitable for marriage, and there are no diseases that prohibit marriage.

    However, China's Civil Code of the People's Republic of China clearly stipulates that when one party suffers from a serious illness, the other party should be truthfully informed before the marriage registration. If the other party does not tell the truth, the other party may request the people's court to annul the marriage. Therefore, with the informed consent of both parties, the parties with the disease can still get married.

    Article 1053 of the Civil Code of the People's Republic of China provides that if one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage. A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known. Article 1051:Marriage is null and void under any of the following circumstances:

    a) bigamy; (2) Have a family relationship that prohibits marriage; (3) They have not reached the legal age for marriage.

  2. Anonymous users2024-02-14

    Diseases that prohibit marriage include infectious diseases such as AIDS and gonorrhea, as well as congenital inherited diseases such as congenital mental retardation.

  3. Anonymous users2024-02-13

    You have a disease that prohibits marriage, and you have the spirit of AIDS and venereal disease.

  4. Anonymous users2024-02-12

    The Civil Code does not prohibit the marriage of diseases that lie in the marriage hall, but the marriage registration regulations stipulate that the marriage registration authority will not issue a marriage certificate for both men and women with diseases that are not suitable for marriage. The diseases that cannot be registered for marriage are: 1. Serious hereditary diseases; 2. Have mental illness in Zhongluguan; 3. Designated infectious diseases.

    Legal basis] Article 6 of the Civil Code.

    If the parties to the marriage registration have any of the following circumstances, the marriage registration authority shall not register:

    1) They have not reached the legal age for marriage;

    2) It is not voluntary;

    3) One or both of them already have a spouse;

    4) Belong to direct blood relatives or collateral blood relatives within three generations;

    5) Suffering from a medical illness that is medically recognized as unfit for marriage.

  5. Anonymous users2024-02-11

    The latest Civil Code provides for this issue, and the party suffering from a major illness should truthfully inform the other party of his or her illness or implementation before marriage, if the party who learns that his or her spouse is suffering from a serious illness after marriage, he or she may apply to the court for annulment of the marital relationship between the two parties within one year from the date of knowing this fact.

    This provision of the Civil Code focuses on protecting the innocent party, after all, one party unknowingly registers his marriage with his lover before discovering that he is suffering from a major illness that cannot be **. For the unsuspecting spouse, if they divorce, they may suffer from rumors, or because of the genetic disease they have, they may eventually give up having children for the sake of the children's future. To a certain extent, it may deprive the innocent party of certain reproductive rights.

    Here is also a reminder for those who are about to decide to register their marriage, bring their companions to the hospital for a premarital test, and give yourself a reassurance to others. Premarital testing consists of three parts: medical history, medical examination, and knowledge popularization. Secondly, most of the infectious diseases that can be screened by marriage testing can be transmitted through sexual activity.

    In addition, if a party knowingly has sexual relations with another person knowing that he or she is suffering from a contagious disease, he or she may also be subject to criminal liability.

  6. Anonymous users2024-02-10

    The Marriage Act has lapsed, and the new Civil Code currently in force does not provide for diseases that prohibit marriage. The conditions for the invalidity of marriage in China include: bigamy, not having reached the legal age for marriage, and having a kinship that prohibits marriage.

    and where a party requests confirmation of the invalidity of the marriage on grounds other than those described above, the people's court shall make a judgment to reject the party's litigation claim.

    [Legal basis].

    Article 1051 of the Civil Code of the People's Republic of China.

    Marriage is null and void under any of the following circumstances:

    a) bigamy; (2) Have a family relationship that prohibits marriage;

    (3) They have not reached the legal age for marriage.

    Article 17 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.

    Where a party requests confirmation of the invalidity of a marriage under circumstances other than the three invalid marriages provided for in article 1051 of the Civil Code, the people's court shall make a judgment rejecting the parties' litigation claims.

    Where a party initiates a civil lawsuit on the grounds that there is a flaw in the marriage registration procedure and claims to revoke the marriage registration, inform them that they may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.

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