The newlywed wife concealed the disease, and the marriage examination was not found!Husband was rejected by the court’s anger to the court

Marriage was originally a joyful thing

But for the male protagonist in this case

But it’s almost a rush …

When the man married the newlywed wife, he delivered huge colorful gifts, jewelry, etc. according to rural customs, and spent all his savings and a grand wedding.

More than two months later, the wife had a crystallization of the two people in a caesarean section. Just when the family’s feelings continued to heat up, the man’s unintentional move made him look stupid …

It turned out that the man read his wife’s medical record and found that his wife was infected with HIV!This is the AIDS that people often call!Under the men’s question, the woman reluctantly explained her secrets for many years: before marriage, she had already learned that she was sick …

This news

Make savings for wedding flowers

Give a sincere man

It’s really a great

As soon as he was angry, the man brought the wedding inspection agency!Ceremony to compensate his own gift loss of 100,000 yuan and mental damage compensation 20,000 yuan.

His reason is that suffering from AIDS is a disease that should not be married, but the marriage inspection institution has not discovered and stopped it in time, and there are major faults.At the same time, it violated the right to know as a spouse, which led to a huge amount of gifts for the marriage and asked the marriage inspection agency to compensate for losses.

So, is AIDS that is a disease that prohibits marriage stipulated in the law?

Answer: No!

The "AIDS Prevention Regulations" stipulates that legitimate rights and interests such as AIDS infection, AIDS patients and their families have been protected by laws and interests enjoyed by the marriage and employment.In the "Marriage Law", it is forbidden to get married with diseases that should not be married in medicine, but it does not clearly specify that AIDS is a disease that prohibits marriage.The "Maternal and Child Health Law" stipulates that AIDS is a specified infectious disease.After a pre -marital medical examination, during the infection period of the specified infectious disease, the physician should propose medical opinions, and both men and women who are preparing to get married should suspend marriage.In other words, the AIDS infection and AIDS patients were not banned from getting married, but they were suspended from marriage.

For this case

Netizens’ doubts are one after another

01 Some netizens think that the responsibility is exactly in the woman. Why haven’t you considered the safety and feelings of husband and children?

02 Some netizens think that the marriage inspection agency is more responsible. If you do n’t even say such a serious illness, why do you have to do a marriage inspection?

03 Some netizens think that the man should have the right to know. Which is more important to question the life and privacy?

Is the court judgment correct?

Do you have to take responsibility for the marriage inspection agency?

How should the man protect your rights?

To this,

Lawyer Li Xiaofei, Guangdong Wumei Law Firm, answered ↓

Lawyer Li: The premise that the marriage inspection agency is responsible for the liability for infringement is that the marriage inspection agency has a causal relationship between the infringement and the result of the damage.

The wedding inspection agency did not detect that AIDS really had a fault.

However, it is the woman who establishes a service relationship with the wedding inspection agency, so if you want to take responsibility, it is also the responsibility of the woman to chase the marriage inspection agency.According to the "AIDS Prevention Regulations", staff of medical and health institutions should inform me of the facts of their infection or onset.In other words, if the marriage agency finds the condition, the woman should be informed without the man.Therefore, there is no causal relationship between the faults of the wedding inspection agency and the results of the damage.

How does the man defend his rights?

Lawyer Li: The man can defend his rights, but the target of his rights protection is his wife.If he believes that the woman’s concealment of AIDS has caused their marriage to break, he can advocate divorce.At the same time, according to the provisions of the "Civil Code" next year, if the man is not at fault, he can also ask the woman to make damage compensation while divorce.

"Civil Code" tells you

There is no heart to conceal,

Encourse loved people to destroy their lives!

If one party has a major illness, the other party shall be informed before the marriage registration; it is better to inform the other party, and the other party can ask the people’s court to cancel the marriage.If the marriage is invalid or revoked, there is no wrong party to ask for damage compensation.

If AIDS patients have concealed their HIV history to marry others, they should be regarded as a invalid marriage.If the spouse of AIDS patients divorce the AIDS patient after learning the truth, the court shall declare that the marriage is invalid and AIDS patients should bear the necessary civil compensation liability.AIDS patients maliciously marry others and cause serious harm to the health of others should be punished accordingly in accordance with the provisions of the Criminal Law.

In this case,

The loss of the man’s color gift was caused by the woman’s fault,

The emergence of mental damage

It is also mainly because of the woman’s concealment and deception.

So the court finally rejected the man’s request,

It means that the results of the marriage inspection have no direct connection with the subsequent losses,

The court’s verdict is correct.

October 2003,

The 17 -year -old mandatory marriage check was canceled, and

The marriage inspection is "required project" before the marriage of the newcomer

Become "self -selected project".

However, there is no mandatory requirement,

Fewer and fewer people who do marriage inspections.

I can’t help but cause us to think deeply:

Why do many people do not want to have a marriage check now?

01

It’s hard to say.

The first may be that the woman exists in a certain way. For example, it has been aborted. After all, the current atmosphere is still very open. Many people have done something shame before marriage. It is common to accidentally getting pregnant.After all, miscarriage before marriage is not a good thing, so most women will want to hide their past. I hope to start a new life, and naturally do not want to disclose these privacy to the other half of the future.

02

Shy rejection.

The second is that the process of checking is more painful. Some girls are unwilling to do gynecological examinations, especially when male doctors come to check themselves, they are even more shy and excluded.In fact, this is also mainly because the propaganda of the marriage inspection is not in place, so that everyone has insufficient understanding of the marriage inspection, and does not have the initiative to take the initiative to have a sense of marriage inspection.

03

Fear of being abandoned.

There is also fear that some of the genetic diseases or infectious diseases are known to the other party. They are afraid that the other party thinks that they are deceiving his feelings and make the two people have a gap.If you think that after getting married, Mu has become a boat anyway, as long as you make a little concession.In fact, concealing its own disease is the biggest harm to the other half, and the relationship between the two will be affected in the future.

04

Blind trust.

In the end, I was embarrassed to ask the other party to ask for a marriage inspection. I was afraid that the other party would feel that I didn’t trust him or made the other party embarrassed.In real life, many young men and women in order to prove that they really love each other, regardless of their physical health, and choose to ignore the work of marriage inspection, in fact, they are deceiving themselves!

All men are created equal,

Everyone has the right to pursue happiness.

but,

This happiness and sweetness should not be based on

Based on the safety of others’ lives.

in this way,

It will only cause two people to hurt,

The pain of the family.

Real love is not a risk of risk

But be honest

You conceal Ait

It’s not just cheating that person who loves you

Also overdrawn the public’s trust in AIDS

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