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Is It the Obligation of People with Hiv/Aids to Inform Spouses and Sexual Partners

         

摘要

The Minhang District Court of Shanghai announced the first case of revocation of marital relationship by applying the new provisions of the Civil Code at the beginning of 2021.The defendant was used for failure to disclose to the plaintiff the fact that he was diagnosed with HIV before marriage.In addition,the Minhang Court decided to revoke the marriage relationship of the defendant according to Article 1053 of the Civil Code.As a result,the case aroused widespread concern and discussion at the societal level.The obligation of people with HIV/AIDS to inform their spouses and sexual partners thus entered the level of legal consequences.However,the new provisions of the Civil Code do not simply refer to the problem of HIV/AIDS and do not involve individuals with marital relationships.However,scholars found that many people with HIV/AIDS are unwilling to fulfill the obligation to disclose in practice[1].This scenario motivates the current study to examine the obligation of patients with HIV/AIDS to inform their spouses.

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