Research On The Obligation To Notify Major Diseases Of The Marriage And Family Part Of The Civil Code

Articles 1053 and 1054 of the Marriage and Family Series of the Civil Code introduce the major illness clause,which mainly stipulates that one of the parties who suffers from a major illness before marriage shall perform the obligation of truthful notification,and if the party who fails to perform this obligation and is concealed after marriage,the innocent party may exercise the right of annulment and request annulment of the marriage.The Civil Code deleted the medical prohibition of marriage in the original Marriage Law,and added the obligation to notify of major illnesses,so that the original four causes of invalid marriage in the marriage and family section have changed from the original four to the current three,and the grounds for voidable marriage have changed from the original one to the current two,that is,coerced marriage and failure to inform the spouse of his or her serious illness before marriage.This provision is of great significance in the Civil Code,especially the Marriage and Family Series,fully embodies the principle of private law autonomy under the Civil Code,and at the same time reflects respect for the parties’ rights to marry,freedom of marriage,life and health.At the same time,while protecting the legitimate rights and interests of the party who is not sick,it does not neglect the protection of the rights of the sick party.However,this provision does not clearly stipulate the meaning and scope of major diseases,and the faithful performance of the obligation to notify major diseases depends on a sound premarital medical examination system.In order to ensure the proper implementation of this provision,the criteria for identifying "major diseases" should be determined in relevant professional provisions or judicial interpretations,and an expert assistant system should be introduced to guide judicial practice,better safeguard the efficiency and authority of judicial adjudication,and achieve substantive justice in the law.At the same time,more detailed provisions are made on how to determine the nature of the act of concealing a major illness,how the person should exercise the right of revocation at that time,whether the innocent party can request compensation from the guilty party,and the standards of compensation,so as to protect the legitimate rights and interests of the innocent party.