"Too strange!" In Wenzhou, Zhejiang, the woman and her husband have been married for 6 years. Seeing that the colleagues around them have two fetuses, they can’t conceive their children, and they are anxious, so they took her husband to the hospital for examination.The result shows that the husband is not a "male".Netizen: Is marriage still effective?
It is reported that Lin and her husband Yang have been married for 6 years. They usually have a regular life, and the life of the husband and wife is also normal. However, the colleagues around him have two fetuses, but Lin’s belly has no movement at all.
Lin was anxious, so he pulled her husband Yang to a local hospital for inspection.After a set of examinations, the results showed that Lin Mou had no problem, but her husband Yang Mou had no sperm in the semen.
Further inspection found that Yang’s chromosomes were no different from women.
Lin was stunned, and Yang was dumbfounded. There were men’s characteristics. Why did the chromosome abnormal?
Once the matter broke out, it also attracted the attention of many netizens. Many netizens also felt incredible, and some netizens suggested whether this would cause the marriage between the two parties to be invalid.
It is reported that Yang’s situation is medically called a sexual reversal syndrome.It is a genetic disease with abnormal gender development. The mechanism of the disease is more complicated, and it is usually not caused by a single cause.
How do you think about this in law?
Lawyer: If the two have to dismiss their marriage, they need to divorce first
In response to this, the author of the headline "An Li said"@针 针 针 detailed interpretation.
1. Will Yang’s marriage and Lin’s marriage invalid?
We all know that in accordance with the provisions of the Civil Code, the prerequisite for a marriage is a voluntary marriage that both men and women are voluntarily married, and secondly, they must meet the age of both men and women to reach the legal age; there are no relative relationships, big marriage and other conditions for marriage.
Will judging that Yang’s situation will cause his marriage with Lin to be invalid? The key is to see whether Yang was legal or female when he got married.
The legal situation of Yang did not clearly stipulate.
In 2002, the Hunan Civil Affairs Department once asked how to deal with the issue of marriage relationship on the marriage relationship of the marriage party.The life of the husband and wife was diagnosed with proneness, gender malformations, and male reproductive organs stop developing, and the physiological gender is female.The man subsequently performed a gender correction (male to a woman) surgery.After the surgery, the man re -applied for a full legal identity certificate, and then applied to the marriage registration authority to cancel the marriage relationship.
However, the Ministry of Civil Affairs’s business Supreme People’s Court and the Ministry of Public Security discussed the response to the Hunan Civil Affairs Department: they believe that the men and women involved in the marriage registration formalities meet the substantial requirements and forms of marriage, and the marriage registration is legal and valid.It should be supported.If the two parties are not controversial about property issues, the registration authority can refer to the divorce treatment of the agreement, and the effectiveness of the divorce will be calculated from the date of lifting the marriage relationship.If the two parties sue to the people’s court due to a dispute between the division of property, the people’s court solves the property problem while lifting the marriage relationship between the parties.
Simply put, although the one party changes the gender after the marriage, the marriage registration is legal and effective.
The author believes that referring to the above answers, the status of transgender people can be recognized. Yang’s inherent physical characteristics belong to men, and identity information belongs to men.EssenceIf the two are relieved of marriage, they need to be resolved through divorce.
2. If Yang knew his special circumstances before marriage, he did not tell Lin before marriage, and Lin could apply for cancellation of marriage.
According to the provisions of the Civil Code, those who have suffered from major illnesses due to coercion or one party suffer from major illnesses, and those who notify the other party before marriage are a withdrawal marriage.
For the specific scope of major illnesses, the Civil Code does not make clear regulations. In judicial practice, on the one hand, the major diseases listed in the "Maternal and Child Health Law" include: severe genetic diseases, infectious diseases, and mental illness.Class, judge with the principle of weightlifting and lightness.
On the other hand, whether the disease is enough to affect the free will of the other party’s decision to marry, whether it has a significant impact on the life after marriage, the actual situation of family life after the marriage relationship between the two parties, and the closeness of the post -marriage life.consider.
Specifically, Yang’s chromosomal abnormalities are hereditary diseases on the one hand. On the other hand, it directly affects children’s fertility problems and has a significant impact on marriage.The author believes that it belongs to the category of removal marriage.
3. In the end, I don’t know how Lin and Yang should face each other next.The case once again explained the importance of pre -marital examinations.
(Zero -degree review comprehensive surging news, today’s headline@（（)