Marriage and family "frustration" Civil Code has "statement"
The family is the cell of society. Whether the marriage and family relationship is harmonious or not, it is connected with the happiness of the family on one end and the stability and unity of society on the other. Shouldn't you mind if the other party conceals her illness before marriage? Are you obliged to pay the debt owed by the other party in the marriage? Who should listen to the custody of children after divorce? These "frustrations" of marriage and family, how to answer the civil code.
What to do if the other party conceals illness before marriage
Case: Chen Hui, a woman from Huainan, Anhui, and Zhou Mou, a man whom he met with each other, registered marriage and found that Zhou often had difficulty controlling his emotions and taking medicine with his family. After being frightened many times, Chen was forced to run away from home. In 2019, Chen filed a divorce lawsuit. She later learned from the court that Zhou had severe mental illness before marriage and was hospitalized several times.
Statement: Love is the foundation of marriage, and sincerity is the same. When marriage faces the challenge of "choosing one out of two", is it time to go through the hurdles with a loved one, or should I protect my right to know?
According to the current Marriage Law, if you have a medical condition that you should not get married, it is a situation where marriage is prohibited. But in real life, if the other party knows about it, is the disease still an obstacle to marriage?
In this regard, the Marriage and Family Code of the Civil Code abolished the provision of illness as a prohibition of marriage. If it is clear that one party has a serious illness, it should be truthfully notified to the other party before the marriage registration; if it is not true, the other party can apply to the people’s court for cancellation marriage. If the marriage is invalid or revoked, the party without fault shall have the right to claim damages.
Sun Ruojun, a professor at the School of Law of Renmin University of China and an executive director of the Marriage Law Research Society of the Chinese Law Society, believes that the Civil Code no longer lists illness as a prohibition of marriage, and changes the invalid marriage resulting from it to a revocable marriage, reflecting the law’s The protection of marriage rights and respect for the wishes of the parties are social progress.
"In order to avoid the possible harm to the other party by concealing the condition, the Civil Code stipulates that the party with a major illness has the obligation to inform truthfully before the marriage registration, and gives the no-fault party the right to request damages, which It has a positive significance for protecting the parties’ right to know and their legal rights and interests." Sun Ruojun said that the law still needs to be further clarified on how to apply the regulations, how to identify "major diseases", and the burden of proof.
How to pay the debt owed by the other party in marriage
Case: After a divorce, a Shaoyang woman in Hunan, Zengmou, discovered that her ex-husband Tang had borrowed 1 million yuan on the grounds of capital turnover during the separation of the two. Because the borrowing occurred during the marriage, Zeng was convicted of joint liquidation. For more than 4 years, Zeng had been executed by the court because of his only real estate and had to take his son to wander away. In 2019, the procuratorial organ filed a complaint against the court in this case, and Zeng finally hoped to come to change the sentence.
Statement: On the issue of common debts, the Civil Code incorporates the relevant judicial interpretations of the Supreme Law, which stipulates that the husband and wife jointly sign the debt or the spouse's post-approval and other common intentions express the debts borne, and the spouse is in his own name during the marriage relationship. The debts owed to the daily needs of the family belong to the husband and wife's joint debts.
At the same time, the debt that one spouse exceeds in the family's daily life needs in the name of the individual during the marriage relationship is not a joint debt of the spouse; however, the creditor can prove that the debt is used for the spouse's common life, joint production and operation, or based on the common intention of the spouse Except indicated.
Sun Ruojun said that this provision clarifies the scope of the couple’s joint debt, strengthens the creditors’ burden of proof, implements inclined protection of the family and vulnerable groups, fully embodies the humane care of the Civil Code, and also promotes a more equal relationship between husband and wife. The direction of development has a positive role in promoting.
It is worth noting that in the joint property of husband and wife, the Civil Code has added two categories of "labor remuneration" and "investment income". For example, even if a spouse buys a property separately before marriage, if the property is used for rental or other investment after marriage, the income earned is also the property of the spouse. Sun Ruojun said that this revision absorbs the provisions of the Supreme Law on judicial interpretation, which is a summary of the experience and results of judicial judgments, expands the scope of the legal couple’s common property, and emphasizes the concept of marriage sharing legislation for common labor income.
After divorce, the child’s wishes are the most important
Case: Zhang Pingdu, a woman from Shandong, sued for divorce due to a disagreement with her husband. The court ruled that her two-year-old daughter should be raised by her. The child's father Sun Mou refused to accept the judgment of the first instance and appealed to the Municipal Intermediate People's Court. However, before waiting for the verdict, Sun Mou and his family went to Zhang's house to force the sleeping girl away. After several mediations by the court, Sun Mou returned the girl to Zhang.
Statement: The current Marriage Law stipulates that after divorce, children in the lactation period shall be supported by the mother who is breastfeeding. If the children after the lactation period cannot reach an agreement due to disputes over support issues, the people’s court shall make a judgment based on the rights and interests of the children and the specific circumstances of both parties.
The Civil Code’s Marriage and Family Editor changed the “lactating period” to “two years old” and stipulated that for children who have reached the age of two, if the parents cannot agree on the raising issue, the people’s court shall, according to the specific circumstances of the two parties, be in the best interests of minors Children's principle judgment. In deliberating the draft of the Civil Code, some NPC deputies proposed that children who have reached the age of eight already have a certain sense of autonomy, and they should respect their wishes on the issue of custody. The Civil Code incorporates this suggestion and adds a provision: Children whose children have reached the age of eight should respect their true wishes.
Sun Ruojun believes that the expression of "lactating period" itself is uncertain, and individual differences are large. In the past judicial practice, in order to meet the provisions of the law, some parties had to shorten or prolong the "lactating period" or rush to file a divorce lawsuit during the "lactating period". The Civil Code absorbs the previous judicial adjudication rules, and determines the standards for the determination of custody rights more reasonably, which is more conducive to protecting the physical and mental health of children and women.
Sun Ruojun also said that the Civil Code "judges in accordance with the principle most conducive to minor children" "Children who have reached the age of eight should respect their true will" and other relevant regulations, and implement the principle of child priority and the maximization of child benefits to parents The issue of the custody of divorced children is of great significance to the protection of children’s rights and the healthy growth of body and mind. According to Xinhua News Agency