Look at the law first. Article 1053 of the Civil Code stipulates that if one party suffers from serious illness, it shall truthfully inform the other party before marriage registration; If it fails to tell the truth, the other party may request the people's court to cancel the marriage. A request for the annulment of a marriage shall be made within one year from the date when he knows or should know the reasons for the annulment.
So, how to define "major diseases"?
The existing laws and relevant judicial interpretations are not clearly defined. Please refer to the Shanghai Higher People's Court on execution.
Combined with this consultation, is bipolar disorder a serious mental illness? Baidu input query "bipolar disorder", Baidu Encyclopedia shows: "Bipolar disorder, also known as bipolar disorder, refers to an emotional disorder (mood disorder) in which patients have manic or hypomanic episodes and depressive episodes at the same time. Bipolar disorder is a common mental disorder. Epidemiological survey abroad shows that the prevalence of bipolar disorder is 1% ~ 3%, and the peak age of onset is 15 ~ 19 years old. Most of them are the first depressive episode, and manic or hypomanic episodes often occur after one or more depressive episodes. " It seems unclear whether bipolar disorder belongs to severe psychosis. Next, check out the open referee network.
There is indeed a corroborating case, the case number is (2022) Lu 08 12 Minchu No.380, and some excerpts considered by our hospital are as follows:
Our hospital believes that Article 1053 of the Civil Code of People's Republic of China (PRC) stipulates: "If one party suffers from serious illness, it shall truthfully inform the other party before marriage registration; If it fails to tell the truth, the other party may request the people's court to cancel the marriage. Requests for the annulment of marriage shall be made within one year from the date when they know or should know the reasons for the annulment. " The Civil Code lists "serious illness" as one of the circumstances under which marriage can be revoked. Whether a marriage can be revoked or not can be freely decided by the parties. Now the plaintiff Fan Mou sued for the cancellation of their marriage on the grounds that the defendant Wang concealed a serious illness that was not suitable for marriage before marriage registration, and the court accepted it according to law. In this case, the defendant knew that he was suffering from mental illness such as bipolar disorder and recurrent depression before marriage, but he didn't tell the plaintiff the truth about his illness when he got married, so that the plaintiff didn't know that he was sick until after marriage. The facts are clear. The defendant's behavior violated the plaintiff's right to know. The defendant Wang suffered from mental illness before marriage. According to the provisions of the Law of People's Republic of China (PRC) on Maternal and Infant Protection, the disease conforms to the "major disease" situation stipulated in Article 1053 of the Civil Code. At present, the original and the defendant have been married for less than one year, so the plaintiff filed a lawsuit to cancel the marriage with the court within one year after knowing the reasons for the cancellation, demanding that the marriage relationship between the original and the defendant be cancelled. There are factual and legal basis, and our court supports it. The defendant Wang was summoned by our court and refused to appear in court to participate in the proceedings without justifiable reasons. As a waiver of litigation rights, he should bear the corresponding legal consequences.
There are also cases that cannot be supported. The case number is (20 17) Ji 05 Minzhong. 1489, and excerpts from the reasoning part considered by our hospital.
We believe that the Supreme People's Court' s application of
It seems that there are many cases that are not supported. The case number is (202 1) Min 0305 Min Chu 6 1 16. Continue to extract the original part of our hospital.
Our hospital believes that according to the first paragraph of Article 1053 of the Civil Code of People's Republic of China (PRC), "if one party suffers from serious illness, it shall truthfully inform the other party before marriage registration; If it is not truthfully informed, the other party may request the people's court to cancel the marriage. " The specific scope of major diseases is not clearly defined in the Civil Code. Article 8 (1) (3) of the Law of the People's Republic of China on Maternal and Infant Health Care stipulates that "premarital medical examination includes the examination of the following diseases: (3) related to ××." Article 9 stipulates that "if, after pre-marital medical examination, it is designated as ×× during the infectious period or is related to ×× during the onset period, the doctor shall give medical advice; Both men and women who are preparing to get married should suspend marriage. " Paragraph 3 of Article 38 stipulates that "relevant XXX refers to schizophrenia, bipolar disorder XXX and other serious XXX". In this case, first of all, Tang was prevented and treated in XXX, Xiuyu District, Putian City, from August 9 to June 3, 20 19 before his marriage. Combined with the physical condition, the fact that the two parties met and lived together for a period of time before going through the marriage registration formalities, Tang's mental state should be expected to a certain extent, and the evidence submitted is not enough to prove that Tang was in the onset of mental illness when the two parties registered for marriage. Secondly, Tang's pregnancy after marriage shows that the two sides have established certain feelings. In addition, combined with Tang's marriage and childbearing history, Tang's illness did not seriously affect his normal life after diagnosis and treatment, indicating that his illness did not belong to the severity of mental illness stipulated in the above law. To sum up, it is argued that Tang suffered from serious illness before marriage, did not tell the truth, and requested to cancel the marriage. The evidence is insufficient and it is not supported.
So the conclusion is uncertain. It is necessary to combine the case again to know whether to tell the truth and demonstrate what is a major disease, how serious it is and how it actually behaves. Because in practice, the court will definitely focus on whether to inform before marriage. After the implementation of the Civil Code, whether a serious illness affects the validity of marriage depends firstly on whether the sick party tells the truth before marriage, and secondly on the choice of the uninformed party. Therefore, whether to inform or not is the case that the court focuses on. The plaintiff needs to prove that the defendant knew the existence of the disease before marriage. If the defendant claims to have been informed, or the plaintiff knows, it needs to provide sufficient evidence to prove it.
Then, in the case of revocable marriage, bipolar disorder may be considered as a "major disease", depending on the severity.