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一、问题的提出 在民事审判实践中,有时遇到一些因生理缺陷引起的离婚案件,这类案件情况比较复杂,也存在一些值得探讨的问题。 例1:阮某诉潘某离婚案。阮、潘原是自愿结婚。婚前潘曾向阮说明自己从来无月经,不知患了什么病。但阮并未因此引起注意,相反却急于与潘结婚。及至婚后,发现潘有生理缺陷,经医院鉴定,为先天性无子宫无阴道。阮即向法院提起离婚诉讼。法院收案后,援引婚姻法第六条,很快就判决离婚。该院之所以
First, the issue put forward In civil trial practice, sometimes encountered some divorce cases due to physical defects, such cases are more complex, there are also some issues worth exploring. Example 1: Ruanmou v. Pan a divorce case. Nguyen, Pan original is a voluntary marriage. Pan told Nguyen before marriage that he never had menstruation, I do not know what the disease was. However, Nguyen did not attract attention, but eager to get married with Pan. To marriage, found that Poon have physical defects identified by the hospital for the congenital absence of the uterus without vagina. Nguyen filed a divorce lawsuit to the court. After the case was closed, the court cited Article 6 of the Marriage Law and soon decided a divorce. The reason why the hospital