Research On The Obligation To Inform The Truth In Article 1053 Of The Civil Code

After the promulgation of the Civil Code of the People’s Republic of China,the marriage and family code was incorporated into its code system,and the provisions of the original Marriage Law of the People’s Republic of China on "marriage with diseases that are considered medically unfit for marriage before marriage,but have not been cured after marriage,the marriage is invalid" were changed into Article 1053 of the Civil Code,"marriage can be revoked if major diseases are concealed".The influence of disease on marriage is a great progress from invalid to revocable.The focus of the legal system design has shifted from social public interests to private legal interests,which profoundly reflects the progress of the social era,the improvement of the concept of group rule of law and the respect of modern civil law for marriage autonomy.At the same time,concealing the right to annul a marriage with a serious illness protects not only the free will of the sick party to marry,but also the right to know of the non-sick party.Therefore,it is essential to clarify the obligation of truthful disclosure.The provisions on the obligation of truthful disclosure in legislation are very general,and there are many ambiguities in terms of its content,performance and other aspects.Therefore,in judicial practice,there are great differences in the application and definition of the right to annul marriage to conceal serious diseases.This article starts with the general question of "how to clearly conceal the obligation of truthful disclosure of the right to annul a marriage with a serious disease?" and discusses the three parts of "the content of the obligation of truthful disclosure is the definition of a serious disease","the judgment of performing the obligation of truthful disclosure",and "clearly clarify the responsibility for violating the obligation of truthful disclosure",aiming to rely on the current legal norms and legal hermeneutics methods,Clearly define the content and performance of the "obligation to truthfully inform the marriage cancellation right to conceal serious illness" and clarify the legal consequences of violating the obligation to inform.The first part of this article summarizes the legislative and judicial status quo and problems of the obligation of truthful disclosure from two different perspectives of legislation and justice.In terms of legislation,the provisions on the content of the obligation of truthful disclosure are vague,and the concept of major diseases is not clear,causing many disputes;There are also ambiguities in judging whether the obligation of disclosure is fully performed,and the consequences of violating the obligation of truthful disclosure are unclear.In the judicial field,there are many problems such as the definition of major diseases,whether to inform in person,and the burden of proof.The phenomenon of different judgments in the same case is prominent.The second part of this article puts forward the definition standard for the content of truthful information,namely the content of major diseases.First of all,this paper analyzes the source of the system of the obligation of disclosure and concludes that the obligation of truthful disclosure runs through the important position of the right of revocation,and then puts the definition of "major disease",which is most discussed by scholars in the right of revocation of marriage to conceal major diseases,into the content of the obligation of disclosure.It is believed that "major diseases" should not be interpreted and enumerated blindly,but should be defined by types in combination with legislative purposes,respecting the law of social development and the rapid development of medical level.This article summarizes the function of marriage through academic theory and judicial practice,and then puts forward the judgment standard of "major disease" according to the function type of marriage,and defines "major disease" through typological display.Then discuss the specific scope of the notification of major diseases,such as the severity of the disease,whether the obligation of notification of the cure of post-marital diseases is eliminated,and put forward effective suggestions.The third part of this article discusses the judgment criteria for fulfilling the obligation of truthful disclosure.In reality,there are many disputes about the details of fulfilling the obligation of truthful disclosure.Does the way of fulfilling the obligation of truthful disclosure necessarily need to be informed by the sick party in person? Based on the analysis of the purpose of the establishment of the obligation of truthful disclosure,the legal benefits of the revocable protection of marriage,and the reasoning of judicial practice,this paper puts forward a proposal to define it in a loose way of performance-as long as the non-sick party learns that the sick party is suffering from a serious disease before marriage,and the right to know is not violated,it is deemed that the obligation of truthful disclosure has been performed.It also proposes that the burden of proof should be reversed in order to save judicial resources,improve judicial efficiency,reduce the difficulty of proof and better protect the legitimate interests of all parties.The fourth part of this article clarifies the consequences of violating the obligation to inform truthfully.The second paragraph of Article 1054 of the Civil Code stipulates that the no-fault party after marriage annulment has the right to request damages,but the basis of the claim for damages,the nature of liability,and the scope of compensation are unclear.The author adopts the views of that it should be recognized as contractual negligence liability with the characteristics of marriage law,and the scope of compensation includes property damage,personal damage and moral damage.