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Miss Li (hereinafter plaintiff) and Mr. Jiang (hereinafter defendant) got married in June 2020 after being introduced to each other. Later, Mr. Jiang confessed to his wife that he had been suffering from HIV for several years and had been taking medication for a long time.

Although it turned out that Miss Li had not been infected with HIV, her husband's illness was still unacceptable to Miss Li. Miss Li decided to terminate her pregnancy and filed a lawsuit with the local Court in Shanghai for revocation of the marriage.20206
After thecourt hearing, the court decided to revoke the marriage between the two parties in accordance with the Civil Code, which had just been formally implemented. This is the first case applying the Chinese Civil Code provisions on revocation to a marriage.
Article 1053 of the Civil Code (on Marriage and Family) stipulates that: Where one party suffers from a serious illness, the other party shall be informed truthfully prior to the marriage registration; if the other party fails to do so, the other party may request a people's court to revoke the marriage.1053
An application for revocation of the marriage shall be submitted within one year from the date on which the grounds for revocation are known or ought to be known.
However, it should be noted that there is an urgent need for subsequent judicial interpretation on how to define "serious illnesses" and how to identify "intentional concealment of the illness" and the "obligation to inform about the illness" in order to avoid malicious abuse and discrimination against people suffering from an illness or disease.


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Hiding the Truth about HIV from Ones Wife? Marriage Revoked

Click LegalTips

to follow us

You may also feel interested in:Divorce in China-What Options You Have?Personal Asset or Family Asset-What the Law Say?
Miss Li (hereinafter plaintiff) and Mr. Jiang (hereinafter defendant) got married in June 2020 after being introduced to each other. Later, Mr. Jiang confessed to his wife that he had been suffering from HIV for several years and had been taking medication for a long time.

Although it turned out that Miss Li had not been infected with HIV, her husband's illness was still unacceptable to Miss Li. Miss Li decided to terminate her pregnancy and filed a lawsuit with the local Court in Shanghai for revocation of the marriage.20206
After thecourt hearing, the court decided to revoke the marriage between the two parties in accordance with the Civil Code, which had just been formally implemented. This is the first case applying the Chinese Civil Code provisions on revocation to a marriage.
Article 1053 of the Civil Code (on Marriage and Family) stipulates that: Where one party suffers from a serious illness, the other party shall be informed truthfully prior to the marriage registration; if the other party fails to do so, the other party may request a people's court to revoke the marriage.1053
An application for revocation of the marriage shall be submitted within one year from the date on which the grounds for revocation are known or ought to be known.
However, it should be noted that there is an urgent need for subsequent judicial interpretation on how to define "serious illnesses" and how to identify "intentional concealment of the illness" and the "obligation to inform about the illness" in order to avoid malicious abuse and discrimination against people suffering from an illness or disease.


Tap "Read More" to visit our website

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